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
![Artikel Concetracteren 2023-1](https://www.ludwigvandam.nl/wp-content/uploads/2023/04/Artikel-Concetracteren-2023-1-scaled.jpeg)
Other messages
How does the Franchise Act protect novice franchisees?
Starting your own business is in almost all cases a ...
The standstill period does not apply
On 17 August 2022, the District Court of Overijssel, ECLI:NL:RBOVE:2022:2385, ...
What to do against (too) substantial rent increases?
In many rental agreements, the rent is indexed annually ...
More clarity on online sales through renewed block exemption regulation for vertical agreements
As of June 1, 2022, the renewed block exemption regulation ...
Franchisor bound by its own failed dispute settlement procedure
Franchise organizations sometimes have their own dispute resolution procedure. Can ...
Goodwill Transfer: Include Google Business Profile?
What is transferred goodwill? This question can be very relevant ...