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

Column Franchise + – mr. Th.R. Ludwig: “Fictitious employment: DBA Act shifts responsibility”

The Deregulation Assessment of Labor Relations Act (Wet DBA) has been in force for some time now.

Ludwig & Van Dam in De Nationale Franchisegids 2018

The basis of a franchise relationship is the franchise agreement. This contains a number of conditions that the parties must comply with.

Ludwig & Van Dam Advocaten exhibitor (no. 2) at the franchise fair Onderneem ‘t! dated 19 & 20 April 2018

For more information click on the link below:

Go to Top