Ohara Law Office

October 17, 2016

How do investors prove their initial investment in a startup company?

One of the requirements to establish a company in Japan is to prove that the requisite money for the initial investment is available.  However, since this proof is required before the company is formed, the yet-to-be-established company will not have a bank account yet.  Therefore, the initial investment must be deposited into the bank account of one of the founding members. 
October 13, 2016

Is it possible to patent an invention that is already known to others?

One of the main requirements to obtain a patent is that the invention not be known to the public.  This prevents people from patenting inventions that are not special and unique to the inventor.  Therefore, it is important to keep an invention secret until you’ve had a chance to discuss patenting it with an attorney.
October 11, 2016

What type of evidence should be collected before enforcing a debt in Japan?

Usually parties will negotiate among themselves through email before resorting to the legal process to enforce a debt.  If these negotiations fail, often the content of these email exchanges becomes the evidence in a legal case against the debtor.  Therefore, it is important to draft emails in a way that maximizes their potential use in future litigation.
October 7, 2016

What happens when heirs in Japan can’t decide what to do with inherited property?

Often the estate of a deceased will contain more than just money.  In many cases, a car, boat, house or expensive jewelry will need to be distributed among the heirs.  This can create a problem where each heir owns only a portion of an indivisible object, such as a car or home, and the heirs cannot decide what to do with it.  Under these circumstances it is best if the heirs are able to agree to a voluntary settlement to share or sell the property.