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
Supermarket chains are still struggling with Franchise law
The new franchise law has been in effect since early ...
Article Franchise+: “How far does the protection of a non-compete clause extend?” – mr. AW Dolphijn – dated March 8, 2022
A franchisor invests a lot of time, energy and money ...
Franchisee circumvents non-competition clause through partner – mr. RCWL Albers – dated February 24, 2022
In a recent case, a graphics services franchisor attempted to ...
Article De Nationale Franchise Gids: “Changing the franchise formula is possible” – mr. T. Meijer – dated February 8, 2022
Many franchise formulas are constantly evolving. The adage 'to stand ...
Corona justifies halving the franchise fee – mr. RCWL Albers – dated February 1, 2022
In a recent ruling by the Amsterdam Court of Appeal, ...
Can a franchisor increase the interim franchise fee and change the formula? – mr. AW Dolphijn – dated January 21, 2022
A franchisor must be able to adjust the franchise formula ...