Ohara & Furukawa, Author at Ohara & Furukawa

March 13, 2017

Does an invention have to be “highly advanced” in order to be granted a patent?

The Patent Act requires that an invention be novel, inventive and “highly advanced” in order to receive a patent. While “highly advanced” may sound like a very high bar for inventions to meet, generally it is considered as less important than the novelty and inventiveness requirements.

March 10, 2017

What happens when both parties to an accident in Japan were negligent?

Situations can arise where the negligence of one party is compounded by the negligence of the other party. Courts will take this factor into consideration when determining the amount of damages to be awarded and who is responsible for paying. The damages for negligence might be split between the two responsible parties or, in some cases, both parties might be liable for the full amount of damages.

March 8, 2017

What is a “bankruptcy estate” in Japan?

When a debtor files for bankruptcy the court needs a way to organize all of the debtor’s belongings so that they can easily be divided up among the creditors. Courts will do this by categorizing all of the debtor’s assets in what is called a “bankruptcy estate.”

March 6, 2017

What is required for an attorney to represent a client in Japan?

In order to have an attorney represent you in Japan, it is necessary to sign a power of attorney. This power of attorney should authorize the lawyer to act as your representative in the litigation and to take all necessary measures to successfully resolve it. The expanse of the attorney’s powers should be wide enough that he or she can act freely within the litigation but should not extend beyond the end of the case or grant powers unrelated to legal work. As this power of attorney needs to be submitted to the court, it should be in Japanese and […]