Ohara & Furukawa, Author at Ohara & Furukawa

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.

May 2, 2016

Is it possible to apply to the Hague Convention from a non-signatory country?

The Hague Convention on the Civil Aspects of International Child Abduction is a treaty executed by over 90 countries around the world. Like any other treaty, it binds the member countries to certain promises that must be upheld in relation to each other. However, the Convention holds no power over countries that are not member States. Therefore, applications cannot be made to or from countries that have yet to sign the Convention.