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
Case law on franchising abroad
In general, this column focuses on Dutch law
Franchise relationship creates obligations on both sides
Franchise relationship creates obligations on both sides
Franchise conflicts are often about money
Franchise conflicts are often about money
Ready for the restart
Ready for the restart
Market and location research: a good start
Over the years, this section has often written about the importance of good preparation
The non-competition clause in the franchise agreement
The post-contractual non-compete clause in the franchise agreement is perhaps the most discussed clause in franchising.