Intellectual property: get it right
Franchisors and franchisees also have to deal with what is so nicely called intangible products of the mind. In plain Dutch this includes brands, logos, trade names, color combinations and slogans. It would go too far at this point to provide a full explanation of all these matters about the way in which such matters should be registered and protected. However, it is very important that all parties involved in a franchise organization realize that they are working with such intellectual property rights, ranging from the name of the franchise organization to the house style of the stationery, shop fronts and color schemes of counters. It will often be the case that it is the franchisor who has designed things and has also protected or must protect them under trademark law. In general, it is part of good franchisorship to ensure that this is actually provided with adequate trademark protection, so that the individuality, originality and distinctiveness of the franchise organization is safeguarded in this way, in particular also for the benefit of the affiliated franchisees, who pay a fee to the franchisor, partly for this reason. In addition, it is equally important that the franchisor adequately safeguards his own rights in his relationship with the franchisees. In general, franchisees obtain a license to use the brands and the like of the franchisor through the franchise agreement. The rights and obligations in that context must be comprehensively and adequately laid down in the franchise agreement, with attention being paid to the situation at the end of the franchise agreement, by means of dissolution, cancellation or, for example, bankruptcy. In particular, in the latter circumstance, if nothing is provided for in the franchise agreement, the situation may arise in which the licenses issued to the franchisees remain with them, so that essentially nothing remains of the franchise organization for a trustee, either.
The above is by its nature a very limited representation of what is relevant with regard to intellectual property. The purport of this contribution is therefore in particular the message that franchise parties are dealing with intellectual property rights and that this must be adequately arranged, including in the franchise agreement.
Ludwig & Van Dam franchise attorneys, franchise legal advice
![](https://ludwigvandam.megaconcept.nl/wp-content/uploads/2020/12/232court-min-400x222.jpg)
Other messages
Important information for directors of franchisees associations: Online meetings and decision-making in times of corona – dated April 10, 2020 – mr. J. Strong
Emergency law provisions for legally valid decisions without physically meeting within the association structure.
Unilateral amendment of the franchise agreement by the franchisor allowed? – dated April 7, 2020 – mr. K. Bastian
Is the franchisor allowed to implement certain announced changes/adaptations to the formula on the basis of the franchise agreement agreed between the parties?
Legal scientific publication: “Collective actions of franchisees” – dated April 2, 2020 – mr. AW Dolphin
An article by mr. Alex Dolphin
Article Franchise+ – Current state of affairs Franchise Act – dated March 27, 2020 – mr. AW Dolphin
The legislative process regarding the Franchise Act continues despite everything.
Rent reduction and corona crisis – dated 25 March 2020 – mr. Th.R. Ludwig
In this turbulent time for franchisors and franchisees, many are faced with ongoing obligations that have become problematic.
Franchise agreements and the corona crisis – dated March 20, 2020 – mr. AW Dolphin
A time of draconian measures with far-reaching consequences. There is a lot of legal uncertainty, also in franchise relationships.