Ohara Law Office

September 16, 2016

Can a company in Japan fire someone for taking time off for medical reasons?

In general, an employee in Japan may not be fired if the dismissal lacks objectively reasonable grounds.  Dismissals are also invalid if they occur within 30 days of an employee missing work for medical treatment, or for a woman employee leading up to or following childbirth.  These rules prevent companies from arbitrarily firing employees or punishing them for taking necessary medical leave.
September 14, 2016

Is it possible to search for registered patents in Japan?

Access to patent information isn’t just important for inventors looking to protect their inventions but also for companies looking to license new technology.  Therefore, the National Center for Industrial Property Information and Training runs an online search tool called the Patent Licensing Information Database that freely allows the public to search for information about registered patents.  There is no fee to use the service and no registration is required.
September 12, 2016

When does bankruptcy start?

For individuals, bankruptcy starts when the person is unable to pay a debt and the time for payment has lapsed.  For corporations the standard is a little different.  Corporations may file for bankruptcy when they are unable to pay, similar to a normal person, or when they are in a state of “balance sheet insolvency.”  Balance sheet insolvency is when the corporation is unable to make payments even by selling its assets.
September 8, 2016

What happens after an arrest in Japan?

Japanese law allows the police to detain a suspect after arrest for up to 48 hours.  During this period, the police must inform the suspect of the crime he or she is suspected of having committed, of the right to remain silent and the right to a lawyer (provided for free if the suspect does not have the money).  In the case of foreign suspects, the police should also ask if the suspect would like his or her consulate informed of the arrest.  Before the 48 hours expire, the police also must choose whether to refer the suspect and supporting evidence […]