Ohara & Furukawa, Author at Ohara & Furukawa

June 3, 2016

Is it possible to sell rights under a contract to a third party?

In Japan, most contract rights are assignable to third parties. This general rule is limited to rights that are of an assignable nature (such as collecting payment) and to contracts that do not explicitly prevent assignments. This means that a party to a contract may assign his right to collect ten million yen over the course of a year, to a third party in exchange for nine million yen immediately. This rule favoring assignment allows parties to freely contract to suit their needs and ideally should promote the best possible economic outcome for all parties.

June 1, 2016

What is a Company Seal and how is it registered?

Registering a company in Japan requires creating a company seal. The company seal is a stamp that is usually a little larger than a normal personal seal. It also usually has the company’s name or logo on it. The company seal is used on documents and contracts as the company’s official seal of approval. However, in order to act as the company’s official seal, a stamp must be registered with the Japanese government. After registration, the Legal Affairs Bureau can provide a company with their seal registration certificate, which, as the name suggests, is a document that certifies that the company seal […]

May 30, 2016

How are damages calculated in a copyright infringement case in Japan?

Winning a copyright infringement action in Japan usually entitles the copyright owner to money damages from the infringing party. The three main types of damages awarded in copyright infringement cases are: damages based on the unlawful profit, damages based on the lost profit and damages based upon a reasonable license fee. Which type of damages a copyright owner chooses to pursue can have a big impact on the amount of money recovered in successful litigation.

May 27, 2016

Is it possible to freeze the bank account of a debtor in Japan?

A main concerns when enforcing a debt in Japan is that the debtor will simply remove any money from his or her bank account, hide it, and then pretend to be insolvent when the creditor tries to enforce the judgement. In order to prevent this, the creditor can take a legal procedure to freeze any known bank accounts so the debtor cannot withdraw the funds.