OF PRODUCTS ESTABLISHED OUTSIDE THE CUSTOMS TERRITORY OF THE COMMUNITY AND THAT THE INCLUSION OF THE VALUE OF THE TRADE-MARK IN THE VALUE FOR CUSTOMS PURPOSES IS NOT EXCLUDED BY ARTICLE 2 OF REGULATION NO 1788/69 .
THE FIRST FOUR QUESTIONS
4 IN RESPECT OF THE VALUE FOR CUSTOMS PURPOSES OF IMPORTED GOODS ARTICLES 1 AND 2 OF REGULATION NO 803/68 PROVIDE THAT THE VALUE SHALL BE TAKEN TO BE THE NORMAL PRICE AND IF A SALE IS ACTUALLY CARRIED OUT IN THE OPEN MARKET THE SALE PRICE IS IN GENERAL DEEMED TO CORRESPOND TO THE ' NORMAL PRICE ' .
NEVERTHELESS THESE PROVISIONS MAKE AN EXCEPTION OF THE CASE WHERE THE AGREED PRICE WAS INFLUENCED BY ANY COMMERCIAL , FINANCIAL OR OTHER RELATIONSHIP WHICH MIGHT EXIST OUTSIDE THAT CREATED BY THE SALE ITSELF BETWEEN THE SELLER AND THE BUYER ( ARTICLE 2 ( 1 ) ( B )).
ARTICLE 2 ( 2 ) OF THE REGULATION PROVIDES THAT TWO PERSONS ARE TO BE DEEMED TO BE ASSOCIATED IN BUSINESS IF EITHER OF THEM HAS ANY INTEREST IN THE BUSINESS OR PROPERTY OF THE OTHER OR IF THEY HAVE A COMMON INTEREST IN ANY BUSINESS OR PROPERTY .
5 ARTICLE 3 OF REGULATION NO 803/68 RELATING TO THE INCIDENCE ON THE VALUE FOR CUSTOMS PURPOSES OF THE EXISTENCE OF PATENTS , TRADE-MARKS AND OTHER MARKS PROVIDES IN PARAGRAPH 7 THAT A TRADE-MARK SHALL BE TREATED AS A FOREIGN TRADE-MARK WHICH MUST BE TAKEN INTO ACCOUNT IN DETERMINING THE VALUE FOR CUSTOMS PURPOSES INTER ALIA ' IF IT IS THE MARK OF . . . ( B ) ANY PERSON ASSOCIATED IN BUSINESS WITH . . . ANY PERSON BY WHOM THE GOODS TO BE VALUED HAVE BEEN GROWN , PRODUCED , MANUFACTURED , OFFERED FOR SALE OR OTHERWISE DEALT WITH OUTSIDE THE CUSTOMS TERRITORY OF THE COMMUNITY ' .
6 THE FIRST QUESTION ASKS WHETHER THE DEFINITION OF BUSINESS ASSOCIATION CONTAINED IN ARTICLE 2 ( 2 ) OF THE REGULATION IS ALSO APPLICABLE TO THE CONCEPT OF ASSOCIATION REFERRED TO IN ARTICLE 3 ( 7 ) ( B ) OF THE SAME REGULATION .
IF THE FIRST QUESTION IS ANSWERED IN THE AFFIRMATIVE THE THIRD QUESTION SUBSEQUENTLY ASKS WHETHER AN ASSOCIATION SUCH AS THAT ENVISAGED BY ARTICLE 2 ( 2 ) MAY RESULT FROM ' AN AGREEMENT , THE PRIMARY OBJECT OF WHICH IS THE GRANT TO THE DOMESTIC BUYER BY THE FOREIGN SUPPLIER OF GOODS OF SELLING RIGHTS IN A SPECIFIC TERRITORY AGAINST PAYMENT OF ROYALTIES AND UNDER WHICH IN ADDITION THE SAID PURCHASER IS GRANTED , FREE OF FURTHER CHARGES , THE RIGHT TO MANUFACTURE THE IMPORTED PRODUCT UNDER THE PATENTED PROCESS FROM THE TWO ACTIVE SUBSTANCES PATENTED PROCESS FROM THE TWO ACTIVE SUBSTANCES PATENTED BY AND TO BE PROCURED FROM THE UNDERTAKING SUPPLYING THE GOODS ' .
7 AS ARTICLE 3 ( 7 ) DOES NOT ITSELF DEFINE THE CONCEPT OF ' A PERSON IN ANY WAY ASSOCIATED IN BUSINESS WITH ' A PRODUCER OR SELLER OUTSIDE