News & Blog

June 2, 2022
June 2, 2022

Mandatory Provisions for Contracts in Japan

For the most part, parties have freedom of contract in Japan and are allowed to include, or not include, whatever they want in their contract.  However, there are exceptions to this generally lenient rule and the mandatory provisions for contracts in Japan included in the Japan Civil Code are one exception. These are mandatory provisions for contracts in Japan that are automatically inserted into the contract by law.  One example is for contracts governing the lease of land for the purpose of owning a building.  The Land Lease and House Lease Act provides that these contracts shall have a minimum […]
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January 19, 2022
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 […]
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February 1, 2021
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  The release clause should clearly state that the case being settled will be withdrawn from court and that one […]
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January 29, 2021
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 […]
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