Japan Compliance (Page 21)

The 'New Style' Japanese Civil Judgment: What U.S. Parties Need to Know About Its Format and Practical Implications

The forms and styles of legal documents evolve over time, often in response to calls for greater clarity, efficiency, and accessibility. Japanese civil judgments (判決 - hanketsu) are no exception, having seen the introduction and increasing adoption of a "New Style" (新様式 - shin yōshiki) format alongside the

Evidence in Japanese Civil Litigation: How It's Presented, Evaluated, and Reflected in Judgments – A Guide for U.S. Litigants

Evidence forms the backbone of any legal dispute, and its treatment within a judicial system is a critical factor for litigants. For U.S. parties involved in Japanese civil litigation, understanding how evidence is presented to the court, how judges evaluate it, and how these considerations are ultimately reflected in

Beyond the Ruling: How to Analyze the 'Facts' (Jijitsu) and 'Reasoning' (Riyū) in Japanese Civil Judgments for Deeper Insights

While the Shubun (main text of judgment) in a Japanese civil judgment delivers the court's definitive orders, a comprehensive understanding of the case and the court's decision-making process requires a thorough examination of two other substantial sections: "Facts" (事実 - Jijitsu) and "Reasons&

What is the 'Shubun' in a Japanese Civil Judgment and Why Is It Crucial for U.S. Businesses?

When a Japanese court issues a civil judgment (判決 - hanketsu), the entire document is a carefully constructed pronouncement detailing the culmination of legal proceedings. However, for the parties involved, and particularly for businesses seeking to understand their rights and obligations, one section stands above all others in terms of

Navigating the Maze: What Are the Core Components of a Japanese Civil Judgment and How Do They Differ from U.S. Rulings?

For U.S. legal professionals and business people engaging with the Japanese legal system, deciphering a civil judgment can often feel like navigating an intricate maze. The structure, terminology, and even the underlying judicial philosophy reflected in these documents can significantly diverge from their American counterparts. This article aims to

Beyond Direct Deception: Japan's Supreme Court on 'Broad-Sense Confusion' in Trademarks (L'AIR DU TEMPS Case)

Judgment Date: July 11, 2000 Court: Supreme Court of Japan, Third Petty Bench Case Number: Heisei 10 (Gyo-Hi) No. 85 (Action for Rescission of a Trial Decision) The "L'AIR DU TEMPS" case (referred to in Japanese as the レールデュタン事件 - Rēru Dyu Tan Jiken) is a

The "LEONARD KAMHOUT" Case: When Withdrawn Consent Derails a Trademark Application in Japan

Judgment Date: June 8, 2004 Court: Supreme Court of Japan, Third Petty Bench Case Number: Heisei 15 (Gyo-Hi) No. 265 (Action for Rescission of a Trial Decision) The "LEONARD KAMHOUT" case, decided by the Japanese Supreme Court, provides crucial clarification on the registrability of trademarks that include another

Trials in Japan: How Does "Concentrated Evidence Examination" (集中証拠調べ - Shuchu Shoko Shirabe) Work, and How Do Judges Ultimately Reach a Decision?

Once the preliminary stages of a Japanese civil lawsuit have meticulously defined the disputed issues and organized the anticipated evidence, the litigation transitions into its most determinative phase: the examination of evidence. This is where the claims and defenses, until now primarily articulated on paper and in preparatory hearings, are

How Does Japan's Civil Justice System Narrow Down Legal Battles? A Deep Dive into "Arrangement of Issues and Evidence" (争点及び証拠の整理 - Soten oyobi Shoko no Seiri) Proceedings

Modern civil litigation, often characterized by complex factual scenarios and intricate legal arguments, presents a significant challenge to judicial systems worldwide: how to adjudicate disputes fairly, efficiently, and without undue delay. The Japanese civil justice system has developed a robust framework to meet this challenge, placing considerable emphasis on an

What Makes a Complaint (訴状 - Sojo) the Cornerstone of Japanese Civil Litigation, and How Does It Define the Scope of Your Lawsuit?

In the intricate landscape of Japanese civil litigation, the initial complaint, known as the Sojo (訴状), is far more than a mere procedural formality. It is the foundational document upon which the entire legal battle is constructed, meticulously defining the boundaries of the dispute and shaping the course of the

Backing Out of a Japanese Real Estate Deal? Understanding 'Tetsuke Kaijo' (Earnest Money Forfeiture/Doubling) and Its Limits

Real estate transactions are significant undertakings, and occasionally, circumstances arise that necessitate a party to withdraw from a deal. In Japan, the concept of tetsuke, commonly translated as earnest money or deposit, plays a unique and pivotal role in such situations, particularly concerning the right to rescind a contract. This

Acquired Debt from a Japanese Company? What You MUST Know About Perfection Against Debtors and Third Parties in Japan

The acquisition of debt, or receivables (referred to as saiken in Japanese), is a significant aspect of modern finance and commerce. For businesses looking to engage in such transactions involving Japanese companies or assets, a thorough understanding of Japan's legal framework governing the assignment of claims (saiken jōto)

My Japanese Counterparty Won't Pay! Can They Claim 'Simultaneous Performance' Under Japan's Civil Code?

Navigating contractual disputes in a foreign jurisdiction can be challenging. One common scenario in Japan involves a counterparty refusing to fulfill their contractual obligations, citing the other party's non-performance. This often brings into play a crucial legal concept in Japanese contract law: the "defense of simultaneous performance&

Debtor Hiding Assets in Japan? How the 'Fraudulent Act Revocation Action' Can Help Creditors Recover

Creditors worldwide face the risk of debtors attempting to shield assets from collection efforts. When a debtor in Japan transfers assets or engages in acts that diminish their estate to the detriment of creditors, Japanese law provides a powerful remedy: the Action for Revocation of a Fraudulent Act (詐害行為取消訴訟 -

Your Japanese Debtor Can't Pay? Unveiling Japan's 'Creditor Subrogation Action' to Claim from Their Debtors

When a debtor in Japan is unable or unwilling to meet their obligations, creditors often face a challenging path to recovery. This difficulty is compounded if the debtor, while possessing claims against third parties that could satisfy the creditor's dues, fails to pursue those claims. In such scenarios,

Fame Beyond Consumers: Japan's Supreme Court on Protecting "Famous Abbreviations" in Trademarks (Kokusai Jiyu Gakuen Case)

Judgment Date: July 22, 2005 Court: Supreme Court of Japan, Second Petty Bench Case Number: Heisei 16 (Gyo-Hi) No. 343 (Action for Rescission of a Trial Decision) In a significant ruling that refined the protection of personality rights within trademark law, the Japanese Supreme Court in the "Kokusai Jiyu

Terminating a Real Estate Lease in Japan: What are "Just Cause" Requirements for Eviction and How Does the Leased Land and House Lease Act Protect Tenants?

Navigating real estate leases in Japan presents a unique legal landscape, particularly due to the robust protections afforded to tenants and lessees under the Leased Land and House Lease Act (借地借家法 - Shakuchi Shakka Hō, hereinafter "LLHLA"). For lessors seeking to terminate a lease or refuse renewal, especially

My Japanese Counterparty Assigned a Claim: What are "Taiko-Yoken" (Perfection Requirements) and How Do They Affect My Rights in Japan?

The assignment of claims, such as accounts receivable or loan rights, is a common feature of modern commerce. In Japan, while claims are generally transferable, a critical set of rules known as "taiko-yoken" (対抗要件), or perfection requirements, governs the enforceability of such assignments against the underlying obligor (the

The "Tsuki no Tomo" Case: Navigating Others' Names and Abbreviations in Japanese Trademarks

Judgment Date: November 12, 1982 Court: Supreme Court of Japan, Second Petty Bench Case Number: Showa 57 (Gyo-Tsu) No. 15 (Action for Rescission of a Trial Decision) The "Tsuki no Tomo" (literally "Moon's Friend") case is a landmark Japanese Supreme Court decision that significantly

The "GEORGIA" Coffee Case: Defining "Place of Origin" in Japanese Trademark Law

Judgment Date: January 23, 1986 Court: Supreme Court of Japan, First Petty Bench Case Number: Showa 60 (Gyo-Tsu) No. 68 (Action for Rescission of a Trial Decision) The "GEORGIA" case stands as a pivotal decision in Japanese trademark law, particularly for its clarification of what constitutes a "

The "Waikiki" Trademark Case: A Landmark Japanese Supreme Court Ruling on Geographical Indications

Judgment Date: April 10, 1979 Court: Supreme Court of Japan, Third Petty Bench Case Number: Showa 53 (Gyo-Tsu) No. 129 (Action for Rescission of a Trial Decision) This case, often referred to as the "Waikiki Case," is a seminal decision in Japanese trademark law. It provides crucial clarification

The Uphill Battle: Consumer Damages and Price Cartels in Japan – Insights from the Oil Cartel Supreme Court Rulings

In the annals of Japanese antitrust law, a pair of Supreme Court decisions, one from July 2, 1987, and another from December 8, 1989, stand as landmark rulings concerning consumers' ability to claim damages resulting from illegal price cartels. These cases, arising from price-fixing agreements by twelve major Japanese

The Enduring Value of Brand Image: A Deep Dive into a 1998 Japanese Supreme Court Ruling on Sales Method Restrictions

On December 18, 1998, Japan's Supreme Court delivered a significant judgment in a case concerning the intricate balance between a manufacturer's control over its product distribution and the principles of fair competition enshrined in the Antimonopoly Act. The case, involving a prominent cosmetics sales company and

All In, Then Out: Japan's Supreme Court on Asset Return After Leaving a Communal Living Society (Yamagishikai Case)

Judgment Date: November 5, 2004 Communal living organizations, often founded on idealistic principles, sometimes require members to donate all their personal assets to the collective upon joining, in exchange for a life where all needs are provided by the community. But what happens when a member, after years of participation

Data Breach Blues: Japanese Supreme Court Confirms Privacy Infringement Itself Can Warrant Damages, Even Without Further Harm

Judgment Date: October 23, 2017 In an era increasingly defined by digital data, the security of personal information has become a paramount concern for individuals and a significant responsibility for businesses. When massive data breaches occur, consumers often feel a sense of violation, anxiety, and frustration. But does the mere