Japan Compliance

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

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

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

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,

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

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

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

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

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

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

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

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

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

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."

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,

"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.

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,

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

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,

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&

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

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