Japanese Attorney at Law - Bengoshi L.L. - Japan Compliance (Page 37)

Set-Off Rights in Japanese Bankruptcy: When is it Prohibited?

The right of set-off (相殺権 - sōsai-ken), where parties with mutual debts can offset their obligations against each other, is a well-established principle in commercial law. In the context of Japanese bankruptcy proceedings (破産手続 - hasan tetsuzuki), this right is generally preserved, offering a straightforward way to settle mutual accounts

How Does a Japanese Bankruptcy Trustee Exercise the Right of Avoidance?

In Japanese bankruptcy proceedings (破産手続 - hasan tetsuzuki), the bankruptcy trustee (破産管財人 - hasan kanzainin) plays a crucial role in maximizing the assets available for creditors. One of the most potent tools at their disposal is the "Right of Avoidance" (Hinin-ken - 否認権), which allows the trustee to

Challenging Pre-Bankruptcy Transactions: What is the "Right of Avoidance" (Hinin-ken) in Japan?

When a company or individual in Japan enters bankruptcy proceedings (破産手続 - hasan tetsuzuki), the court-appointed bankruptcy trustee (破産管財人 - hasan kanzainin) is tasked not only with administering existing assets but also with investigating and potentially "clawing back" assets or value that were improperly transferred out of the

My Japanese Landlord is Bankrupt: How are Tenant Rights Protected?

The news that your landlord in Japan has filed for bankruptcy (破産手続 - hasan tetsuzuki) can be a source of considerable uncertainty and concern for any tenant, whether individual or commercial. Questions immediately arise: Will my lease continue? Do I still pay rent? What happens to my security deposit? Fortunately,

My Japanese Tenant Declared Bankruptcy: What Happens to the Lease Agreement?

When a tenant in Japan, whether an individual or a business, files for bankruptcy (破産手続 - hasan tetsuzuki), landlords are often faced with uncertainty regarding the future of the lease agreement, unpaid rent, the condition of the property, and the security deposit. The commencement of bankruptcy proceedings does not automatically

Secured Creditors in Japanese Bankruptcy: Understanding "Right of Separation" (Betsujo-ken)

When a Japanese company or individual enters bankruptcy proceedings (破産手続 - hasan tetsuzuki), the landscape changes dramatically for all involved parties, including creditors. While the general principle of bankruptcy is the equal treatment of unsecured creditors, those holding valid security interests over specific assets of the debtor are afforded a

Selling Real Estate in Japanese Bankruptcy: How Does "Voluntary Sale" (Ninbai) Work?

When a Japanese company or individual owning real estate enters formal bankruptcy proceedings (破産手続 - hasan tetsuzuki), the court-appointed bankruptcy trustee (破産管財人 - hasan kanzainin) is tasked with liquidating assets to satisfy creditor claims. For real property, while a court-supervised auction (競売 - kyōbai) is one option, trustees in Japan

Existing Contracts with a Bankrupt Japanese Company: What are the Trustee's Options?

When a Japanese company enters formal bankruptcy proceedings (破産手続 - hasan tetsuzuki), one of the significant areas of concern for its business partners, suppliers, customers, and other counterparties is the fate of their existing contracts. The commencement of bankruptcy does not automatically terminate these agreements. Instead, Japanese bankruptcy law grants

What Happens Immediately After a Bankruptcy Commencement Order in Japan? A Guide for Creditors.

When a Japanese company or individual you do business with is declared bankrupt by a court, a formal Bankruptcy Commencement Order (破産手続開始決定 - hasan tetsuzuki kaishi kettei) is issued. This order marks a critical juncture, triggering a series of legal effects and requiring prompt attention from creditors to protect their

How is a Bankruptcy Proceeding Initiated and What are the Immediate Consequences in Japan?

When a business or individual in Japan faces insurmountable financial distress, the formal legal process designed to address this situation is bankruptcy (破産手続 - hasan tetsuzuki). The initiation of these proceedings and the subsequent court order commencing bankruptcy have profound and immediate legal ramifications for the debtor, creditors, and other

My Japanese Business Partner Filed for Bankruptcy: What Role Does Their Attorney Play?

When a business partner in Japan initiates bankruptcy proceedings (破産手続 - hasan tetsuzuki), a key figure involved from the outset is their legal counsel, commonly referred to as the "petitioner's agent" or debtor's counsel (申立代理人 - mōshitate dairinin). This attorney plays a distinct and

What are the Key Duties and Liabilities of a Bankruptcy Trustee in Japan?

When a company or individual in Japan faces insolvency and enters formal bankruptcy proceedings (破産手続 - hasan tetsuzuki), a pivotal figure known as a bankruptcy trustee (破産管財人 - hasan kanzainin) is appointed by the court. This role is almost invariably filled by a lawyer (弁護士 - bengoshi). The trustee steps

The Bankruptcy Trustee as a "Third Party": A 1973 Supreme Court Ruling on Unperfected Leasehold Rights

On February 16, 1973, the Second Petty Bench of the Supreme Court of Japan delivered a judgment concerning the status of a bankruptcy trustee in relation to unperfected rights established by a bankrupt entity prior to its bankruptcy. The case specifically addressed whether a bankruptcy trustee could be considered a

Directors' Mandate in Corporate Bankruptcy: Japanese Supreme Court Rules on "Interest to Sue" in Dismissal Disputes

On April 17, 2009, the Second Petty Bench of the Supreme Court of Japan delivered an important judgment clarifying the status of company directors following the company's entry into bankruptcy proceedings. The Court ruled that a lawsuit challenging the validity of a shareholders' resolution dismissing directors does

Calculating Appeal Deadlines in Japanese Bankruptcy: Supreme Court Opts for Uniformity Based on Public Notice

On March 23, 2001, the Second Petty Bench of the Supreme Court of Japan issued a significant ruling on a seemingly technical but crucial procedural point: how to calculate the period for filing an immediate appeal against a bankruptcy adjudication order when the order has been both formally served on

The Reality of Copyright Litigation in Japan: Beyond Legal Theory, How Do Practical Factors Influence Similarity Judgments?

While Japanese copyright law provides a sophisticated doctrinal framework for assessing similarity—centered on the "direct perception of essential expressive features" test, the idea-expression dichotomy, and principles of creativity—the actual application of these doctrines in the courtroom can be influenced by a range of practical, contextual, and

Copyright in Photographs in Japan: What Makes a Photo Creative and How is Similarity to Other Photos or Derived Works Assessed?

Photographs, despite being captured with the aid of a mechanical device, are a well-established category of copyrighted works under Japanese law. The Copyright Act protects them as long as they meet the general requirement of being "productions in which thoughts or sentiments are expressed in a creative way."

Copyright in Calligraphy, Typefaces, and Logos in Japan: The Interplay of Functionality, Creativity, and Similarity

Visual works based on written characters—such as artistic calligraphy (書 - sho), typographic fonts or typefaces (書体 - shotai), and logomarks—occupy a unique space in Japanese copyright law. While they can undoubtedly involve artistic skill and aesthetic design, their inherent connection to language, communication, and often, practical utility,

Copyright Protection for Applied Arts in Japan: When Do Dolls, Stuffed Animals, and Book Covers Qualify and How is Similarity Judged?

"Applied art" (応用美術 - ōyō bijutsu) refers to works that possess artistic features but are also designed for utilitarian purposes. This category can include a wide array of items such as uniquely designed furniture, textiles, pottery, toys like dolls and stuffed animals, and graphic designs like book covers.

Copyright for Fine Art in Japan: Navigating the Idea-Expression Divide and Similarity in Modern and Conceptual Art

Fine art, encompassing traditional forms like painting and sculpture as well as contemporary genres including modern and conceptual art, is a significant area of creative endeavor. Under Japanese copyright law, these works are eligible for protection provided they embody "creative expression," as stipulated in Article 2, Paragraph 1,

Protecting Illustrations and Characters in Japan: Key Points in Copyright Similarity and the Influence of Fame

Illustrations and characters are vibrant and commercially significant forms of creative expression, particularly in Japan, a country renowned for its rich history of manga, anime, and mascot culture. While a specific visual depiction of a character—an illustration—is generally protectable as an "artistic work" under Japanese copyright

Defining the Battleground: How is the Scope of Comparison for Copyright Similarity Determined in Japanese Litigation?

In Japanese copyright infringement litigation, before a court can even begin to assess the substantive similarity between two works, a critical procedural step must occur: defining the precise "battleground" for comparison. This involves the plaintiff clearly specifying their copyrighted work and the defendant's allegedly infringing work,

Burden of Proof for Copyright Similarity in Japan: What Must Plaintiffs and Defendants Demonstrate?

In Japanese copyright infringement litigation, establishing "similarity" between the plaintiff's copyrighted work and the defendant's allegedly infringing work is a cornerstone of the plaintiff's case. While the ultimate judicial standard involves assessing whether one can "directly perceive the essential expressive features&

How Does the Fame of a Copyrighted Work or Consumer Confusion Impact Similarity Judgments in Japanese Copyright Cases?

In the intricate world of copyright infringement litigation, a core question revolves around how "similarity" between two works is assessed. The traditional approach in Japanese copyright law, as in many jurisdictions, emphasizes an objective comparison of the creative expressions embodied in the works themselves. However, a persistent question

Who is the "Observer" When Japanese Courts Assess Copyright Similarity?

In Japanese copyright law, the crucial test for determining whether an allegedly infringing work is unlawfully similar to a copyrighted original hinges on whether "a person who comes into contact with it" (これに接する者 - kore ni sessuru mono) can "directly perceive the essential expressive features" of