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
Mandatory franchise council?
Not in all cases does the franchise agreement contain a reference to the franchise council or a comparable body.
Unauthorized Dispute Resolutions Within Franchise Organizations
Franchise agreements occasionally contain dispute resolutions that grant powers to the franchisee(s), the franchise council and/or a franchise association.
Fictional employment issues
A permanent point of attention in franchise relationships should at all times be the question of whether in the franchise relationship
(Im)decent behaviour
In practice, situations occur in which a franchisor is confronted with behaviour
Guarantee schemes for franchisees
Franchise agreements often stipulate that franchisees mutually guarantee guarantees for various products.
Arbitration: advantage or disadvantage?
Franchise agreements often include a dispute settlement procedure that pertains to the manner in which the parties involved in the franchise agreement deal with a possible dispute.