Ohara & Furukawa, Author at Ohara & Furukawa

January 29, 2021

Cancel a Property Sale in Japan

The sale and transfer of property in Japan is not always simple. Sometimes, parties that originally agreed to transfer property will change their minds and want to cancel a property sale in Japan. This could be due to changed circumstances or even just a simple change of heart on behalf of the seller and buyer. If only one party tries to cancel the transaction this would lead to a breach of the contract, but if both parties agree to nullify their agreement then both the seller and the buyer can walk away from the transaction without legal consequence. However, if […]

October 18, 2019

Limitation on IP License in Japan

It is important to consider how to put a limitation on IP licenses in Japan or any agreement involving Japan. Granting another company or person a license for intellectual property, is a powerful way to turn patented, copyrighted or trademarked ideas into a source of reoccurring profit. However, granting a license that is too broad can result in a wasted opportunity and lost profit. Therefore it is important to tailor the license agreement to fit exactly the parameters that fit the license fee being paid. The most common way to put a limitation on IP license in Japan is to […]

May 23, 2019

Inspection of Goods in Contracts in Japan

With regard to inspection of goods in contracts in Japan, a major problem arises in purchase and sales agreements when the seller and buyer are not clear on the products that are to change hands. The seller may ship a certain quality and quantity of products that he or she thinks the buyer wants, when in fact the buyer actually was hoping for something completely different. In these cases it is always best for the buyer to inspect products upon receipt. However, whether the buyer has an obligation to do so depends on the terms of the contract or whether […]

November 16, 2018

Filing Patent Examination Request in Japan

In Japan, the a patent application merely starts the process of obtaining a patent for your invention and inventors should be aware that there are additional steps to the process after the application is filed. Specifically, one of the most important steps following the application is filing a patent examination request in Japan. The Japan Patent Office will not examine a patent without being requested to do so and if the applicant does not submit a request within 3 years of filing his or her application the application will be considered withdrawn and no patent will be granted. For international […]