DFA Franchise theme meeting
Franchise theme meeting
Date : November 19, 2015
Time of day : 3:30 pm
Location : Hotel New York
Address : Koninginnenhoofd 1, 3072 AD Rotterdam
Agenda:
3:15 pm – Reception
15:30 – 16:00 – Introduction and explanation of the usefulness and necessity of and the process followed so far with regard to the consultation version of the Dutch Franchise Code (NFC), by: Derk van Dam, lawyer and partner at Ludwig & From dam
16:00 – 16:30 – The content of the NFC, by: Tessa de Mönnink, lawyer and partner at De Grave De Mönnink Spliet Advocaten
4:30 – 5:30 pm – Debate about the NFC chaired by Derk van Dam and Tessa de Mönnink, Propositions: (1) a franchise code is not necessary (2) the current NFC is unusable in practice (3) a franchise code deserves the preference over legislation (4) with the current NFC there is a danger that franchises will die out in the Netherlands (5) the interests of franchisees deserve more protection than hitherto (6) why invent the wheel yourself and not look at neighboring countries?
From 5:30 pm – Drinks
You can register via the DFA website: http://www.vereniging-dfa.nl/agenda-vereniging-dfa/?event_id=24
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