Ohara Law Office

January 3, 2018

Is an employee entitled to normal salary while he or she recovers from a work injury in Japan?

All workers who work in Japan are covered by compensation for accidents sustained at work or accidents sustained while commuting to or from work.  This protection applies equally to Japanese and foreign workers working in Japan.  In cases where an employee is injured while at work, the employee is entitled to receive compensation during his or her absence from work in addition to having his or her medical expenses covered.  This benefit can vary depending on the situation but it should amount to about 80% of the injured employee’s normal salary.  This benefit will start to accrue starting after the […]
January 1, 2018

What is the most common reason for rejecting a trademark application in Japan?

When applying for a trademark, it is very important to provide an accurate and detailed description of the designated goods or services related to the trademark.  The trademark should either be already in use or there should be plans to use it in the future relating to these goods or services.  A majority of trademark applications that are denied are rejected for an inadequate description of the goods or services.  This specific ground for rejection is especially common for foreign applicants for trademarks and as much as 70% of rejected foreign trademark applications are due to unclear descriptions of the […]
December 29, 2017

Can police in Japan make an arrest without a warrant?

In most cases, the police require a warrant in order to arrest someone.  To obtain a warrant the police, or public prosecutor, must present evidence to a judge who then will issue a warrant if convinced that there is probable cause to suspect that the target of the warrant has committed a crime.  The lengthy process of obtaining a warrant protects the public from baseless arrests but there are two main exceptions.  First, warrants need not be obtained for flagrant offenders who are caught in the commission of a crime or immediately thereafter.  Second, in cases of great urgency where […]
December 27, 2017

How are priority creditors treated during bankruptcy in Japan?

When a trustee creates a plan for reorganization of a corporation, he or she does not need to follow the absolute priority rule.  Instead, the trustee can create plan that allows the priority and the junior creditor to recoup a portion of their losses, as long as the junior creditor is not repaid on terms that are the same or better than the priority creditor.  For example, a plan might call for the priority creditor to receive 90% of his or her debt while the rest of the company’s assets are used to satisfy the debts of the junior creditors.