Ohara & Furukawa, Author at Ohara & Furukawa

January 10, 2017

Can a product of nature be patented?

For an invention to be patentable under Japanese law, the invention must have been “created.” Creation requires some sort of human intervention in the process of generating the invention. Therefore, simply discovering a natural product does not count as “creation” and natural products cannot generally be patented.

January 5, 2017

Are pet owners in Japan responsible for damage caused by their pets?

Owning a pet in Japan requires the owner to exercise good care and judgment in caring for the pet. The owner of a pet in Japan is generally liable for the damages caused by the animal, including medical bills or property damage, although there are exceptions.

December 29, 2016

Why is it important to negotiate a foreign debt?

Having a foreign judgment against a Japanese person or company entitles the debt’s owner to legally enforce the debt in Japan. However, while this is the only solution in many cases, enforcing that debt can cost money and time and it may be advisable to pursue other options before filing a lawsuit. Rather than immediately pursue legal action, usually it is beneficial to have an attorney contact the debtor and open negotiations first.

December 27, 2016

What if one party does not appear at the arbitration?

If a party to the arbitration does not appear then the arbitrators will need to make their decision based upon the evidence available to them. One party failing to appear will not ordinarily suspend or cancel an arbitration. Therefore, it is important for both parties to make an appearance so the arbitrators can make a fully informed decision.