FAQ Archives - Page 66 of 94 - Ohara & Furukawa

April 8, 2016

Is it possible to have an arbitration in Japan governed by another country’s law?

All arbitrations held in Japan are governed by the Japan Arbitration Act. However, this Act merely governs the process and rules of arbitration and, for the most part, does not touch on the content of the dispute. When it comes to the law being applied to the dispute between the parties, an arbitration in Japan can apply the law of any country, not just that of Japan.

April 6, 2016

Is there any way to secure visitation rights through the Hague Convention on International Child Abduction?

In addition to cases seeking the return of an abducted child, the Hague Convention on International Child Abduction also accepts applications to ensure the effective exercise of rights of access and visitation for non-custodial parents. For parents who have not been receiving adequate visitation with their abducted child, either through letters, emails, phone or video calls, this is a powerful tool to ensure visitation is maintained.

April 1, 2016

Is there a system of public notaries in Japan?

Like many countries around the world, Japan maintains a system of notaries to certify documents and notarize signatures. The Ministry of Justice in Japan overseas the appointment and regulation of notaries in Japan, many of whom are former judges or prosecutors. In Japan, notaries most often are asked to attest to a private deed or prepare a notary deed upon request based on facts or legal rights.

March 30, 2016

Should an inventor search for prior art before applying for a patent?

Inventions that are not novel cannot be patented, but sometimes an inventor who has spent months working on a new product won’t have realized that someone else has already invented the same thing. In order to ensure that an invention is able to be patented, it is always advisable to first search for prior art that makes the invention not novel.