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.

mr. A.W. Dolphijn
Ludwig & Van Dam lawyers, franchise legal advice.
Do you want to respond? Then email to dolphijn@ludwigvandam.nl

Other messages

Article Franchise+ – “Franchise statistics 2019: decline trend continues, caused by the Franchise Act?”- mr. J. Sterk, mr. M. Munnik and mr. JAJ Devilee

Since 2007, Ludwig & Van Dam attorneys have been periodically ...

By Jeroen Sterk|05-01-2021|Categories: Franchise statistics|

Signing a Franchise Agreement in the Digital Age – Mr. K. Bastiaans – dated December 14, 2020

Within today's society, under the guise of 'the new normal', digitization is increasing. The court will discuss in more detail the manner in which an agreement is accepted and the consequences.

By mr. K. Bastiaans|14-12-2020|Categories: Statements & current affairs|

The sale of tobacco at supermarkets will be banned in 2024. What are the constraints and opportunities for the supermarket business? – mr. C. Damen – dated December 8, 2020

To promote and discourage smoking cessation, the sale of tobacco in supermarkets will be banned in 2024.

By mr. C. Damen|08-12-2020|Categories: Statements & current affairs|

Franchise Act will take effect on January 1, 2021 – mr. AW Dolphijn – dated December 3, 2020

The Franchise Act was already adopted on July 1, 2020, but it has now also been established by Royal Decree that the Franchise Act will enter into force on January 1, 2021.

By Alex Dolphijn|03-12-2020|Categories: Statements & current affairs|
Go to Top