The franchise agreement without (heavy demands on) know-how
In the 2023-1 edition of Contracting magazine, I published a contribution entitled: “The franchise agreement without (strict requirements for) know-how”.
For the qualification as a franchise agreement, the Franchise Act requires that there is a franchise formula of which know-how is a part. This law places high demands on this know-how. If these requirements are not met, there is no franchise agreement and the protective provisions of the Franchise Act are missing. The question is why such high demands are placed on know-how. It is concluded that the element of the necessarily present ‘know-how’ in the franchise formula should be weakened, so that the legal definition of the franchise agreement becomes broader.
The article can be ordered here from the publisher Boom Uitgevers.
Ludwig & Van Dam lawyers, franchise legal advice.
Do you want to respond? Then email to dolphijn@ludwigvandam.nl
Other messages
Car dealer wrongly not a franchisee?
The Franchise Act entered into force on 1 January ...
Suspension of payouts allowed by the franchisor
The District Court of Limburg ruled on 30 March 2023, ...
Franchising is on the rise: ‘There is still a huge amount of room for it in the Netherlands’
An interview with mr. AW Dolphijn about franchise. De Beren, ...
The franchise agreement without (heavy demands on) know-how
In the 2023-1 edition of Contracting magazine, I published a ...
Standstill period violation
On 15 March 2023, the District Court of Noord-Holland, ECLI:NL:RBNHO:2023:2636, ...
Violation post prohibition of competition, no fine!
The District Court of Zeeland-West-Brabant ruled on 15 March 2023, ...