Ohara & Furukawa, Author at Ohara & Furukawa

January 19, 2022

Exclusive Licenses in Japan

Exclusive licenses in Japan for intellectual property are, similar to other jurisdiction, exclusive to everyone as set forth by the licensee. That includes the patent or trademark owner and therefore, patent or trademark owners who choose to enter into an exclusive license agreement give up their own right to use the patent for the extent of the license. However, a recent trend in intellectual property licensing has been to grant a license to a party while, at the same time, promise not to grant any further licenses to other third parties. Therefore, this type of license agreement has two main […]

February 1, 2021

Release Clauses in Japan

In Japan and many other countries, when signing a settlement agreement, a release clause is a very important thing to consider. As for release clauses in Japan, the most important consideration is whether the agreement prevents one or both parties from filing any lawsuits in the future. If the agreement does not prevent future litigation over the same topic, it is essentially useless as a settlement. This release of future claims is contained in the release clause of most settlement agreements. The release clause should clearly state that the case being settled will be withdrawn from court and that one […]

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 […]