Changes to the franchise formula and the right of consent
An article by Mr. was published in the leading legal scientific journal “Contracteren”. Alex Dolphijn of Ludwig & Van Dam Advocaten with the title: “Changes in the franchise formula and the right of consent”.
The right of consent of franchisees when changing the franchise formula can be a brake on innovation and effectiveness for franchisors. The Franchise Act creates opportunities for the franchisor to limit the right of consent. These possibilities for expansion could be at the expense of the intended protection of the franchisees. It is being investigated whether there should be more room for a weighing of interests.
The article can be downloaded here .
Ludwig & Van Dam lawyers, franchise legal advice.
Do you want to respond? Then email to dolphijn@ludwigvandam.nl
Other messages
Developments in competition law
Some time ago, the Netherlands Competition Authority (NMa) made a groundbreaking ruling that is of great importance to all franchise organizations in the Netherlands.
Transfer Arrangements
Franchise agreements usually include transfer arrangements
The right to the formula name upon termination of the franchise relationship
In practice, discussions regularly occur when the franchise relationship is terminated between a franchisor and one or more franchisees
The possibility of actively or not actively recruiting customers outside
Based on the relevant regulations, active recruitment activities by the franchisee are permitted
Customers, clientele and exceptions thereto
Some franchise constructions have the characteristic that the products or services in question are only supplied to certain consumers.
Intellectual property rights
In general, the nature of a franchise relationship implies that, on the basis of a franchise agreement