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
Minister Kamp explores legal anchoring Franchise Code – 17 February 2016
Minister Kamp is exploring the legal anchoring of the Franchise Code
Interview Mr. DL van Dam at BNR Nieuwsradio about the Dutch Franchise Code – February 17, 2016
Interview Mr. DL van Dam at BNR Nieuwsradio about the Dutch Franchise Code
Webshops in franchise relationships – February 12, 2016 – mr. J. van de Peppel
Webshops in franchise relationships
Webshops in franchise relationships
According to data published by Statistics Netherlands in January 2016
Between Forecasts and Expectations in Franchising – February 9, 2016 – Mr. AW Dolphin
Between forecasts and expectations in franchising
No non-compete violation by franchisee – February 9, 2016 – mr. AW Dolphin
No non-compete violation by franchisee