News

Franchisors beware; under Dutch law a franchise agreement is not always terminable under the franchise agreement’s termination provisions

A franchisor (Leen Bakker) entered into a franchise agreement with a franchisee in 1995. Pursuant to that franchise agreement, the franchisee operates a home furnishings store under the Leen Bakker franchise formula. A termination clause in the franchise agreement provides, inter alia, that termination takes place with a term of 13 months, and that the franchisor may only terminate the franchise agreement if it cannot reasonably be required to continue the agreement.

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New rules for European design rights

With a design registration, the appearance of a product or design can be protected for 5 years and (after renewal max 25 years). For a design to be registered, it must be new (i.e. not previously made public) and have an individual character (i.e. sufficiently different from designs already on the market).

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