Ohara Law Office

November 21, 2016

What type of information goes into a Japanese patent application?

When drafting a patent application one of the most important points is the scope of the claims which describes the invention the patent will cover.  Drafting the claims too narrowly can lead to a patent that only protects a very specific invention, allowing others to make slight changes to the invention and avoid patent infringement.  However, drafting the scope too wide may result in the patent application being rejected or later overturned in court.  It is important to reach the right balance of these two approaches to provide the maximum protection for the invention.
November 18, 2016

Can compulsory execution reach assets outside of Japan?

Compulsory execution is a powerful tool for creditors to recover assets from debtors who refuse to pay off their debt.  However, as compulsory execution is based upon the power of a Japanese court of law, it is also limited by that same court’s power.  Therefore, assets outside of the court’s jurisdiction will not be able to be reached by compulsory execution.
November 16, 2016

How do inheritance taxes work in Japan?

Like most countries, Japan levies a tax on inheritance for estates probated in Japan.  This tax is progressive, so the amount of tax that is charged increases according to the value of asset received by each heir.  For example, the first 10 million yen received by an heir will be taxed at 10%, the amounts from 10 to 30 million yen will be taxed at 15%, etc., up to amounts over 600 million, which will be taxed at 55%.
November 14, 2016

Is an arbitration award final and binding?

In general, arbitration awards are final and binding on the parties, in the same manner as a court order.  Furthermore, a Japanese arbitration award is enforceable in many other countries around the world through international treaties. As arbitration systems become more standardized around the world even more countries are likely to accept and enforce Japanese arbitration awards.