Ohara & Furukawa

August 2, 2018

Contracts and Public Policy In Japan

It is necessary to have an adequate understanding of Japanese law to ensure that a contract does not violate public policy in Japan. The interaction between contracts and public policy in Japan is a complex one. Parties in Japan are free to contract regarding almost anything but contracts that are against public policy are considered void.  This makes sense and most people would agree that the concerns of public health and safety outweigh the parties’ right to enforce a contract for the sale of illegal drugs.  However, there is no specific line to determine which contracts will be considered as […]
March 9, 2018

Marriage of Minors in Japan

The minimum age for marriage of minors in Japan is 18 for men and 16 for women.  However, minors, those under 20 years of age, need parental consent to marry.  The consent of only one parent is sufficient in cases where the other parent is unknown, has died or is unable to indicate intent.
January 17, 2018

Is it necessary to file a request for an examination in addition to a patent application in Japan?

In Japan, the a patent application merely starts the process of obtaining a patent and one of the most important steps following the application is filing a request for examination of the patent.  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applicant does not submit a request within 3 years of filing his or her application the application will be considered withdrawn and no patent will be granted.
January 12, 2018

Contract Termination and Bankruptcy in Japan

Contract termination and bankruptcy in Japan is a concern that many contracting parties face. A company contracted to perform an obligation for another company that enters bankruptcy usually has the option to unilaterally cancel the contract.  Since the bankrupt company may not be able to pay the contracting company for the work it completes, it would be unfair to keep the contractor strictly bound to the terms of the agreement.