FAQ Archives - Page 2 of 14 - Ohara & Furukawa

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 […]

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 […]

May 23, 2019

Inspection of Goods in Contracts in Japan

With regard to inspection of goods in contracts in Japan, a major problem arises in purchase and sales agreements when the seller and buyer are not clear on the products that are to change hands. The seller may ship a certain quality and quantity of products that he or she thinks the buyer wants, when in fact the buyer actually was hoping for something completely different. In these cases it is always best for the buyer to inspect products upon receipt. However, whether the buyer has an obligation to do so depends on the terms of the contract or whether […]

November 16, 2018

Industries Common in Kansai

If you are thinking of starting a business in Kansai Japan (such as in Osaka, Kyoto, etc.), it is important to understand the type of industries common in Kansai. There are a wide range of industries common in Kansai. The Kansai area, composed of the area surrounding Osaka, Kyoto, Kobe and Nara, has been a major hub of business and commerce since ancient times in Japan. Kansai’s traditional role as a hub of industry continues to this day but modern enterprises have taken their place alongside more traditional crafts. Some of the major companies that have their headquarters in the […]