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
No franchise agreement, but membership of a cooperative
In certain cases, agreements made in a franchise agreement may ...
Post prohibition of competition and transfer of the business to the life partner
A franchisee is a company. The franchisee and the private ...
Not a franchise agreement, but a general cooperation agreement
The Franchise Act offers franchisees various protective provisions. Earlier, the ...
Albert Heijn has to divest 5 Jan Linders stores
Jan Linders becomes an Albert Heijn franchisee and will therefore ...
Agreed early termination of the franchise agreement
A franchise agreement is usually concluded for a specific period ...
No obligation to use a rental property as a supermarket
The Arnhem-Leeuwarden Court of Appeal has made a decision on ...