Ohara & Furukawa

August 24, 2016

What is the Utility Model Act?

The Utility Model Act protects the shape or structure of a device.  Typically, Utility Model applications are reserved for inventions that are simpler than those covered by the Patent Act and as such, the application process is also streamlined.  However, the 10 year protection granted is only half as long as the duration of a patent right.
August 22, 2016

Is it possible to get a debt paid back from a company that files for bankruptcy?

It is always possible that a debtor company may file for bankruptcy if confronted with a debt that it cannot pay.  However, this does not necessarily mean that the creditor will not be able to collect at lease part of the debt.  A creditor should be given proper notice before the start of a bankruptcy hearing and will have a chance to claim part of the bankrupt debtor’s assets.
August 19, 2016

What types of wills are there in Japan?

There are three main types of wills in Japan: Self Written wills, Notarized Deed wills and Secret wills.  Any of these wills will ensure that your property is passed on according to your wishes.  However, there are certain unique aspects to each type that can be beneficial in certain situations.
August 17, 2016

How is international jurisdiction acquired in Japan?

Jurisdiction is a critical component of civil litigation.  Whether a court has jurisdiction or not determines whether it can issue a binding court ruling to the parties.  There are two main ways Japanese courts can obtain international jurisdiction: either through international treaties or local Japanese laws.  In either case, it may also be necessary to conduct special service of process through the Hague Service Convention.