Ohara Law Office

September 5, 2017

In what situations is a copyright unenforceable in Japan?

Not all unauthorized uses of copyrighted material can be the basis for a infringement litigation.  Some types of behavior that would otherwise be infringing are allowed under the Copyright Act.  For example, use of copyrighted material in schools for educational purposes is generally allowed under the Copyright Act.  Therefore, if a teacher copies passages out of a novel to create homework for his or her students, the copyright owner cannot sue the teacher for infringement.
August 31, 2017

Is it possible to leave property to a pet in a will?

It is not uncommon for people to find themselves in the twilight years of their life to worry that their pet may outlive them.  People in these circumstances will naturally worry about who will take care of their pet after their death and wish to provide the necessary assets to ensure that their pet can continue to live a comfortable life even after its owner’s passing.  However, it is not possible to leave assets to a pet through a will in Japan.  Japanese probate laws mandate that the recipient of assets from a will must be a “person.”  Furthermore, pets […]
August 28, 2017

What happens to a compulsory execution order if the creditor dies?

Depending on the size of the debt, fully paying a debt off through a compulsory execution order can take a long time.  If the debtor’s salary is small or there are few assets available to pay the debt, the monthly payments may be relatively small.  Therefore, there is a risk that the creditor may pass away, either from an accident, sickness or old age, before the debt can be completely paid.  However, even in these cases, the debtor is not relieved of his or her duty to pay. 
August 24, 2017

What is the difference between arbitration and mediation?

As alternatives to litigation, mediation and arbitration both share some similarities, but it is important to know the differences between the two before choosing which method is right for your situation.  In general, mediation can only end with an agreement between the parties, while arbitration can end with a decision by an arbitrator.