AND GERMANY OVER THE LAST SIX YEARS , AND , BY ESTABLISHING A MULTISTAGE DISTRIBUTION NETWORK , TO SECURE A CONSTANTLY INCREASING NUMBER OF CUSTOMERS AND THUS TO ENSURE SUPPLIES THROUGHOUT THE ALLOTTED TERRITORY .
2 . THE BAN ON DEALING IN COMPETING PRODUCTS ALSO CONTRIBUTES TO IMPROVING DISTRIBUTION OF THE LICENSED PRODUCTS BY CONCENTRATING SALES EFFORTS , ENCOURAGING THE BUILD-UP OF STOCKS AND SHORTENING DELIVERY TIMES .
THE RESTRICTION ON THE LICENSEES' FREEDOM TO DEAL IN OTHER PRODUCTS AT THE SAME TIME AS THE PRODUCTS HERE IN QUESTION PREVENTS THE LICENSEES FROM NEGLECTING CAMPARI IN THE EVENT OF CONFLICT BETWEEN THE PROMOTION OF CAMPARI SALES AND POSSIBLE INTEREST IN ANOTHER PRODUCT . ALTHOUGH A NON-COMPETITION CLAUSE IN A LICENSING AGREEMENT CONCERNING INDUSTRIAL PROPERTY RIGHTS BASED ON THE RESULT OF A CREATIVE ACTIVITY , SUCH AS A PATENT , WOULD CONSTITUTE A BARRIER TO TECHNICAL AND ECONOMIC PROGRESS BY PREVENTING THE LICENSEES FROM TAKING AN INTEREST IN OTHER TECHNIQUES AND PRODUCTS , THIS IS NOT THE CASE WITH THE LICENSING AGREEMENTS UNDER CONSIDERATION HERE . THE AIM PURSUED BY THE PARTIES , AS IS CLEAR FROM THE AGREEMENTS TAKEN AS A WHOLE , IS TO DECENTRALIZE MANUFACTURE WITHIN THE EEC AND TO RATIONALIZE THE DISTRIBUTION SYSTEM LINKED TO IT , AND THUS TO PROMOTE THE SALE OF CAMPARI-MILANO'S BITTER , MANUFACTURED FROM THE SAME CONCENTRATES PROVIDED BY CAMPARI-MILANO , ACCORDING TO THE SAME MIXING PROCESS AND USING THE SAME INGREDIENTS , AND BEARING THE SAME TRADEMARK , AS THAT OF THE LICENSOR .
THE PROHIBITION ON DEALING IN COMPETING PRODUCTS , THEREFORE , MAKES FOR IMPROVED DISTRIBUTION OF THE RELEVANT PRODUCT IN THE SAME WAY AS DO EXCLUSIVE DEALING AGREEMENTS CONTAINING A SIMILAR CLAUSE , WHICH ARE AUTOMATICALLY EXEMPTED BY REGULATION NO 67/67/EEC ( 2 ) ; A DECLARATION THAT THE PROHIBITION IN ARTICLE 85 ( 1 ) IS INAPPLICABLE TO THIS CLAUSE IS ACCORDINGLY JUSTIFIED .
3 . DISTRIBUTION WILL ALSO BE IMPROVED BY THE PROHIBITION AGAINST THE PARTIES ENGAGING IN AN ACTIVE SALES POLICY OUTSIDE THEIR RESPECTIVE TERRITORIES . THIS RESTRICTION ON THE LICENSEES WILL HELP TO CONCENTRATE THEIR SALES EFFORTS , AND PROVIDE A BETTER SUPPLY TO CONSUMERS IN THEIR TERRITORIES FOR WHICH THEY HAVE PARTICULAR RESPONSIBILITY , WITHOUT PREVENTING BUYERS ELSEWHERE IN THE COMMUNITY FROM SECURING SUPPLIES FREELY FROM ANY OF THE LICENSEES . APPLICATION OF THE SAME RESTRICTION TO CAMPARI-MILANO ENCOURAGES THE EFFORTS MADE BY THE EACH TERRITORY ALLOTTED ; THE LICENSEES THUS HAVE THE BENEFIT OF A CERTAIN PROTECTION RELATIVE TO CAMPARI-MILANO'S STRONG MARKET POSITION .
4 . THE OBLIGATION ON LICENSEES TO SUPPLY THE ORIGINAL ITALIAN PRODUCT RATHER THAN THAT WHICH THEY THEMSELVES MANUFACTURE , WHEN SELLING TO DIPLOMATIC CORPS , SHIPS' VICTUALLERS , FOREIGN ARMED FORCES AND GENERALLY SPEAKING ALL ORGANIZATIONS WITH DUTY-FREE FACILITIES ALSO HELPS TO PROMOTE SALES OF CAMPARI-MILANO'S BITTER . BY RESTRICTING LICENSEES' FREEDOM TO SUPPLY THE PRODUCTS THEY MANUFACTURE THEMSELVES IT MAKES SURE THAT PARTICULAR CATEGORIES OF CONSUMERS , WHO ARE DEEMED TO BE OUTSIDE THE LICENSEE'S TERRITORY