FAQ Archives - Page 6 of 94 - Ohara & Furukawa

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 The release clause should clearly state that the case being settled will be withdrawn from court and that one […]

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 […]

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 […]