Entertainment law in Japan is a multifaceted and evolving field, encompassing various aspects of intellectual property, contract law, labor law, and regulatory compliance. As a law firm with much experience in this area, we assist clients in navigating the complex legal landscape to protect their rights and interests in the entertainment industry. This post will provide an overview of key elements of entertainment law in Japan, focusing on contracts, intellectual property, and regulatory considerations. The Importance of Contracts in the Entertainment Industry Contracts form the backbone of an ..read more

As globalization continues to expand, understanding the intricacies of Japanese contract law becomes crucial for international businesses. This post delves into advanced topics of Japanese contract law and international trade, providing critical insights for companies engaged in cross-border transactions. Contract Interpretation and Ambiguity In Japanese contract law, the interpretation of contractual terms follows specific principles. Courts in Japan prioritize the intent of the parties involved, often examining the context and circumstances under which the contract was formed. This approach ..read more

In the increasingly globalized economy, understanding the nuances of contract law in Japan and its implications for international trade is essential for businesses looking to engage with Japanese counterparts. As a law firm specializing in international trade, we provide a comprehensive overview of the key aspects of Japanese contract law and practical considerations for foreign businesses. The Foundation of Contract Law in Japan Contract law in Japan is governed primarily by the Civil Code (Minpō), which was extensively revised in 2020 to modernize its provisions and make them more compatible ..read more

If you tried to contact our firm through our website between the period of June 1 to June 14, 2023, your email may have not reached us due to technical issues that have now been resolved. If you sent an email to our office during this time frame and did not receive a response, we would appreciate it if you can send another email to contact us. We sincerely apologize for the inconvenience caused by this. Please fill in our contact form and we will get back to you as soon as possible. The post Issues Contacting Our Firm Between June 1 to June 14, 2023 appeared first on Ohara & Furukawa ..read more

While it can’t match the drama of a judge reaching a decision after a long hard-fought trial, settlements are an efficient and relatively low-cost way to resolve disputes between parties.  Settlements allow businesses or individuals to maintain some level of control over their expenses and avoid the risky gamble of a judge’s decision.  Settlements also take effect immediately upon being approved by the court, which saves time and expense when compared to a potentially lengthy appeals process.  For these reasons, a majority of legal disputes are resolved though settlements throug ..read more

The validity of a Japanese Divorce by Agreement and whether divorce by agreement in Japan is recognized in other countries entirely depends on the laws of that country.  Because a Divorce by Agreement is an extra-judicial process that does not require both parties to be present, and can also easily be faked with a forged signature, many foreign jurisdictions feel uncomfortable recognizing them as valid divorces.  However, very few cases have considered this issue.  The court in H v. H (Queens’s Proctor Intervening) (Validity of Japanese divorce) is one of the few cases to direct ..read more

Normally in Japan, married couples are required to share the same last name.  This requirement is based on the need to centralize the family in one family registry under one single name.  When a baby is born to a couple with the same last name, the child’s surname in Japan will naturally be the name of its parents. However, for Japanese nationals married to foreign nationals overseas, it is not necessary for both spouses to share the same last name.  In these circumstances, when a baby is born between spouses with different last names, child’s surname in Japan will automatically ..read more

Wage garnishment in Japan is possible in the form of a “compulsory execution”. One of the many tools a creditor has to force a debtor to fulfill his obligation in Japan is to use compulsory execution to force the debtor to pay.  In some cases this can mean confiscating the debtor’s property, but under certain circumstances, perhaps the easiest and most efficient way is to garnish the debtor’s wages.  The debtor’s wages may be seized on a continuous basis until the debt and the creditor’s additional costs have been satisfied. It is important to note that Japan does not provide […] The ..read more

In many cases, it is possible to enforce a foreign judgment in Japan, however, Japanese courts will only recognize a final foreign judgment and enforce it in Japan if it meets certain conditions. First, the judgment must have been ordered by a court with proper jurisdiction and proper service must have been given to the defendant. Second, the judgment must not be contrary to public policy in Japan. Finally, a Japanese court will be reluctant to enforce a foreign judgment if the foreign country does not recognize Japanese court judgments in return. In general, a Japanese court should not consid ..read more

When one party breaches a contract by not fulfilling their promise, the other party usually has grounds to sue them for damages.  A successful lawsuit will compel a court to award a monetary value that is determined to be equal to the amount of damage the non-breaching party has sustained. The monetary amount of these damage awards can be very subjective and will vary from case to case since wide discretion is given to the judge. The law regarding risk of loss in Japanese contracts may not be the same as the laws of other countries, so it is important […] The post Risk of Loss in Japanese ..read more