Ohara & Furukawa, Author at Ohara & Furukawa

August 8, 2016

What is the interest rate used by courts in Japan?

The Japanese the Commercial Code specifies a statutory interest rate of 6% annual to be applied between merchants when no interest rate is specified in the contract. If two business partners agree to a loan in their contract, but neglect to specify an interest rate, the court will automatically set the rate at 6%.

August 5, 2016

Is it legal to have employees pay a penalty when they quit without notice?

In order to ensure predictability in the management of their business and staff, many employers will draft employment contracts that specify that employees must give notice before quitting their job. Typically the required notice will be several weeks to several months. However, even if an employee fails to give notice, employers cannot force pre-determined penalties on employees who suddenly quit.

August 3, 2016

If an employee creates an invention, will the patent belong to the employee or the company?

Sometimes the right to patent an invention doesn’t rest directly with the inventor but rather with the company the inventor works for. Many companies, universities and research centers take measures to ensure that the institution, and not the inventor, owns all patents arising from an invention.

August 1, 2016

Can an order for compulsory execution be appealed?

Compulsory execution allows a court to exercise control over an individual’s assets and forcibly transfer them from one party to another, providing a powerful tool to force debtors to pay off an outstanding debt. However, in situations where it is used unjustly, it can cause great harm to innocent parties. Therefore, in order to prevent this from happening, compulsory execution orders may be appealed by the defending party.