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
Transfer customer data to franchisor
In its judgment of 10 January 2017, ECLI:NL:GHAMS:2017:68 (OnlineAccountants.nl), the Amsterdam Court ruled, among other things, on the question of how customer data should be transferred.
Franchise Closing Sale – Who Gets the Sale Proceeds?
The judgment of the District Court of the Northern Netherlands dated 12 October 2016, ECLI:NL:RBNNE:2016:5061 (Administrator/Expert Group and Rabobank), focused on the question whether the franchisor, together with the bank,
Column Franchise+ – mr. Th.R. Ludwig: “Judge: franchisor’s duty of care comparable to that of a bank”
Various judgments in 2016 made it clear how high the standard of care for a franchisor towards its franchisees is.
Use of the internet and social media: court expands options for franchisees
In principle, the franchisee may not be prohibited from having its own website in order to also or even exclusively sell its products or services via the Internet.
Article in Entrance: “Plan damage”
“Because the municipality undertakes and renovates all sorts of things in the vicinity of my business, I have a disadvantage and I suffer damage. Can I tell those stories?"
Article in Entrance: “Rules of Fragrance”
“I am bothered by the smell that the adjacent catering business produces. Can I do something about this?"