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
The franchise statistics: save the date!
For many years, Ludwig & Van Dam franchise lawyers ...
Tax aspects of franchising – for franchisors and franchisees
In practice, we see that attention to taxation within franchise ...
No accountability, no fee?
A ruling from the Midden-Nederland court of October 18, 2023 ...
Accountability for franchise, marketing and IT fees
A ruling from the Midden-Nederland court of October 18, 2023 ...
ROZ model contracts (rental) adjusted: what are the consequences for Franchise relationships?
On April 10, 2024, the Real Estate Council (ROZ) announced ...
Abuse of power in the French supermarket sector
After Belgium, France has now also had enough when it ...