General Practice Archives - Page 2 of 14

February 1, 2021

Release Clauses in Japan

In Japan and many other countries, when signing a settlement agreement, a release clause is a very important thing to consider. As for release clauses in Japan, the most important consideration is whether the agreement prevents one or both parties from filing any lawsuits in the future. If the agreement does not prevent future litigation over the same topic, it is essentially useless as a settlement. This release of future claims is contained in the release clause of most settlement agreements. The release clause should clearly state that the case being settled will be withdrawn from court and that one […]

November 16, 2018

Filing Patent Examination Request in Japan

In Japan, the a patent application merely starts the process of obtaining a patent for your invention and inventors should be aware that there are additional steps to the process after the application is filed. Specifically, one of the most important steps following the application is filing a patent examination request in Japan. The Japan Patent Office will not examine a patent without being requested to do so and if the applicant does not submit a request within 3 years of filing his or her application the application will be considered withdrawn and no patent will be granted. For international […]

November 16, 2018

Industries Common in Kansai

If you are thinking of starting a business in Kansai Japan (such as in Osaka, Kyoto, etc.), it is important to understand the type of industries common in Kansai. There are a wide range of industries common in Kansai. The Kansai area, composed of the area surrounding Osaka, Kyoto, Kobe and Nara, has been a major hub of business and commerce since ancient times in Japan. Kansai’s traditional role as a hub of industry continues to this day but modern enterprises have taken their place alongside more traditional crafts. Some of the major companies that have their headquarters in the […]

November 14, 2018

Mandatory Provisions for Japanese Contracts

For the most part, parties have freedom of contract in Japan and are allowed to include, or not include, whatever they want in their contract. However, there are exceptions to this generally lenient rule and the Japanese Civil Code does set forth some cases which require mandatory provisions for Japanese contracts . Certain contracts are subject to special mandatory provisions that are automatically inserted into the contract by law. One example is for contracts governing the lease of land for the purpose of owning a building. The Land Lease and House Lease Act provides that these contracts shall have a […]