Ohara Law Office

May 13, 2016

Can contract workers become “lifetime” employees in Japan?

The Partial Amendment of the Employment Contract Act of Japan took effect on April 1st, 2013 and is designed to help employees who are on fixed term contracts that continuously get renewed.  The rule states that any fixed-term contract employee who has had his or her contract renewed 4 times can apply for a change to an employment contract without a fixed term.  This rule greatly benefits contract employees who have been stuck in a cycle of continuous contract renewal with no chance of becoming a permanent employee.
May 11, 2016

How do you prove copyright infringement in Japan?

Copyright infringement is when a party other than the copyright owner makes an unauthorized reproduction of the copyright.  While this issue may seem fairly straightforward, it is important for the copyright owner to collect the necessary evidence before pursuing a claim.  The copyright owner should be able to show that the infringing party knew about the copyright, the infringing work is similar and that the infringing party profited from the unauthorized use of the copyright.
May 9, 2016

What kind of evidence is necessary to enforce a debt in Japan?

When attempting to collect a debt in Japan it is best to assemble as much evidence of the debt as possible beforehand.  The most obvious and important evidence that should be collected are copies of invoices, bills and receipts that clearly establish the debt.   However, there are many other types of evidence that can also be of great help in successfully pursuing a debt.
May 6, 2016

How is arbitration similar to litigation?

While arbitration provides a cost effective and faster alternative to filing a lawsuit in court, there are some similarities between the two systems.  Two of the biggest similarities are the way notice is served and the participation of expert witnesses.