Is AI complicating the copyright process in your jurisdiction? Japan’s engagement with AI technologies presents new challenges for copyright law, particularly as generative AI becomes more prevalent. The core issue lies in the ambiguity of applying existing copyright laws to AI-generated content, which raises questions about copyright infringement and the extent of protection offered. Three […]
While recently there has been an increase in attention to cannabis-related businesses (CBD businesses, medical marijuana, etc.) globally, there are many problems with Japan’s laws and regulations pertaining to cannabis. Although the regulations are currently under review and may be revised in the future, the following is premised on the current law as of the […]
Generally, an intellectual property right has the nature of an exclusive right that can be asserted against all persons, but a license, right to use or exploitation right (excluding exclusive licenses and exclusive rights to use; the same shall apply hereinafter) for an intellectual property right that is established under a license agreement is essentially […]
Recently, the Foreign Exchange and Foreign Trade Act, as well as related ministerial ordinances and public notices, were revised and became fully effective on June 7 of this year. Up until now, under the general principle of freedom of investment, prior notice has been required for designated industries, and ex post facto reporting has been […]
Issue 18 Procedures timeframe and costs for compulsory execution based on foreign arbitration awards
Once the enforcement decision has been finalized, a petition for compulsory execution is filed with the competent court, with “arbitration award with final enforcement decision” as the title of obligation (Article 22 (6)-2 of the Civil Execution Act). However, in some of the cases we have dealt with, the identities and the existence of debts […]
Given that claims for damages based on patent infringement are claims for damages based on tort, the patentee (including exclusive licensees, but hereinafter referred to as the “Patentee”) normally must prove its own damage (Article 709 of the Civil Code). However, in order to reduce the patentee’s burden of proof under the Patent Act, the […]
Provisions concerning obligations, such as contracts, in the current Civil Code have hardly been revised for about 120 years since their enactment in 1896. This is because the laws on monetary claims were supplemented by special laws and judicial precedents, and many of the provisions of the laws on monetary claims were voluntary and could […]
Based on our experience with negotiations to conclude joint venture agreements to establish new companies (joint ventures, or JVs), we will explain the most important provisions in JV agreements, and provisions that are important but to which surprisingly little attention is paid, as follows. 1.Share (equity) ratio If Japanese law is the governing law for […]
Who are the parties to a contract or litigation? This is the first issue to consider when asked to help with legal matters. We tend to think it’s obvious—that all one has to do is look at the contract to see who the parties are—but in our experience this is often a problem. Be especially […]
In contracts between companies relating to products such as manufactured goods (continuous sales contracts, manufacturing consignment contracts and OEM contracts), there are often provisions regarding the distribution of liability (including the exemption and reduction of liability) between the contracting parties when product liability for the product is called into question by a third party. Such […]
The explosion of the financial technology or “fintech” industry has been one of the most notable developments of the global financial services industry in recent years. The fintech industry is comprised of companies that make use of new technologies to provide financial services traditionally offered by banks, companies that partner with banks to provide financial […]
A product-by-process (PBP) claim (scope of claim) generally refers to a claim in which the manufacturing method for the invention of a product is described. In the Patent Act, the subject of an invention is stipulated as being an invention of a product, an invention of a method, or an invention of a manufacturing method, […]
