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
Albert Heijn has to divest 5 Jan Linders stores
Jan Linders becomes an Albert Heijn franchisee and will therefore ...
Agreed early termination of the franchise agreement
A franchise agreement is usually concluded for a specific period ...
No obligation to use a rental property as a supermarket
The Arnhem-Leeuwarden Court of Appeal has made a decision on ...
Rent indexation unrealistically high
Does an agreed rent indexation always apply? The District Court ...
Clarity pays off
Clarity pays off Many agreements sometimes use vague definitions ...
Continued activities of the franchisee do not violate a non-competition clause
A judgment was recently rendered in preliminary relief proceedings in ...