Ohara & Furukawa, Author at Ohara & Furukawa

November 29, 2016

Is there an escrow system in Japan?

The Japanese government operates a public system very similar to escrow called the Deposit system (kyotaku 供託). Under this system, a party may deposit money (or other negotiable securities) with the government deposit office prior to executing a contract. Upon completion of the contract the government office will release the money to the relevant party. This system can be useful if two parties to a contract do not trust each other to keep their promises. In such case, one party may ask the other to put the money in the Deposit system until the performance is complete to ensure that […]

November 24, 2016

Is it cheaper to set up a business in Osaka instead of Tokyo?

Tokyo is consistently the most expensive city in Japan and naturally the costs incurred in setting up a business in Japan are also highest in Tokyo. On the other hand, Osaka has a lower cost of living and the Japanese government estimates the expenses associated with establishing a business in Osaka are around 85% of what it would cost in Tokyo. These extra savings can be funneled back into the business while enjoying the many business connections and easy transportation to other commercial hubs that living in Osaka provides.

November 21, 2016

What type of information goes into a Japanese patent application?

When drafting a patent application one of the most important points is the scope of the claims which describes the invention the patent will cover. Drafting the claims too narrowly can lead to a patent that only protects a very specific invention, allowing others to make slight changes to the invention and avoid patent infringement. However, drafting the scope too wide may result in the patent application being rejected or later overturned in court. It is important to reach the right balance of these two approaches to provide the maximum protection for the invention.

November 18, 2016

Can compulsory execution reach assets outside of Japan?

Compulsory execution is a powerful tool for creditors to recover assets from debtors who refuse to pay off their debt. However, as compulsory execution is based upon the power of a Japanese court of law, it is also limited by that same court’s power. Therefore, assets outside of the court’s jurisdiction will not be able to be reached by compulsory execution.