Ohara & Furukawa

June 6, 2017

What is an Undertaking Not to Compete?

An undertaking not to compete is a clause often used in commercial contracts in industries where competition is fierce.  The clause aims to prevent a partner company or employee from engaging in business with a competitor during the term of the contract.  In some cases, the undertaking not to compete, also sometimes called a non-compete clause, may prevent competition even after the contract ends for a set period of time.
June 2, 2017

Does Japanese labor law apply to labor contracts governed by foreign law?

Companies and employees are free to set the governing law for employment contracts however they wish.  This is particularly helpful for a foreign company that wishes to draft employment contracts that will be enforced according to the laws of its home country.  However, in general, employees in Japan may still take advantage of Japan’s protective employment laws, such as the Labor Standards Law, even if their employment contract is governed by a foreign country’s laws.
May 31, 2017

Is it possible to sell a copyright in Japan?

Licensing a copyright isn’t the only way to monetize it.  It is also possible to sell all or part of a copyright to other parties.  Selling a copyright in its entirety is relatively simple and easy to understand, but selling a copyright in parts is also a valid way for the copyright owner to make the most efficient use of his or her intellectual property.
May 29, 2017

What types of bicycle laws are there in Japan?

Laws relating to bicycles in Japan are not always enforced, but the failure to follow the following rules could result in a 20,000 yen fine.  Bikes must use a designated bike lane if available; otherwise they should stay on the half of the sidewalk closer to the curb.  When biking on the sidewalk you must stop the bike if continuing would block the passage of pedestrians and you must keep at a slow enough speed so it is possible to stop the bike immediately.