Compliance - Japan Compliance

Japan Compliance

Compliance

A collection of 137 posts

Slide contrasting US vs. Japan poison pill models, showing bid premium uplift, entrenchment risk, and governance safeguards.

Corporate Governance

Hostile Takeovers and Defense Measures in Japan: Empirical Insights and Strategic Considerations

TL;DR * Hostile takeovers are still rare in Japan, yet debate over takeover defenses remains intense. * Empirical research—mainly US but informative for Japan—shows defenses can raise bid premiums but also risk entrenching management and lowering long-term value. * Tokyo practice differs: pills are often designed to block, not just

Slide summarising Japan’s 50 % surcharge uplift for “leading operators”, showing hub-and-spoke cartel coordination and penalty calculation flow.

Competition / Antitrust Law

Playing a Leading Role? Japan's Antitrust Surcharge Enhancements for Cartel Facilitators

TL;DR * Japan’s Antimonopoly Act allows a 50 % surcharge uplift for companies deemed “leading operators” in cartels or bid-rigging schemes. * The Tokyo District Court’s 2022 Activated Carbon decision clarifies how courts decide whether a coordinator/facilitator meets this test. * Key factors include continuous coordination at others’ request and

Slide outlining Japan’s 2023 stealth-marketing ban: advertiser control test, mandatory #広告/#PR tags, CAA enforcement workflow and business compliance tips

Consumer Protection

Stealth Marketing Ban in Japan: New Disclosure Rules & Compliance Playbook (2025)

TL;DR Since October 2023 Japan outlaws undisclosed “stealth marketing” across all media. Any promotion whose content is influenced by the advertiser must be clearly labelled (#広告, #PR, #ad, etc.). Violators face Consumer Affairs Agency orders and public shaming, so brands, influencers and agencies need airtight disclosure policies and contracts.

Slide summarising Japan’s IP evidence tools: document-production orders, in-camera review, inspection system, protective orders and trade-secret safeguards

Intellectual Property Law

Gathering Proof in Japanese IP Litigation: Tools, Trade-Secret Safeguards & Court Tactics

TL;DR Japanese IP litigation lacks U.S.-style discovery, but rights-holders can compel proof through document-production orders, in-camera reviews, a high-threshold inspection system, and protective orders—yet trade-secret concerns and judicial gatekeeping still make evidence hard to unlock. Table of Contents * Introduction: The Evidence Conundrum in IP Litigation * Core

Slide showing Japan-focused IP tactics for startups and universities: patent–trade-secret split, joint-ownership flow, JPO support programmes and licensing revenue paths

Intellectual Property Law

IP Management for Startups & Universities in Japan: Protecting and Leveraging Innovation

TL;DR Explains how Japanese startups and universities can build cost-effective IP portfolios, navigate joint R&D ownership, and use patents, trade secrets and licensing to raise funds, strike partnerships and drive national innovation goals. Table of Contents * Introduction: The Engines of Japan's IP-Driven Growth * Part 1:

Slide summarising entity choices (rep-office, branch, KK, GK), registration timeline, and key compliance checkpoints for doing business in Japan

Establishing and Operating a Business in Japan: Structures, Procedures, and Compliance

TL;DR Guides U.S. companies through entity selection (rep-office, branch, KK, GK), registration procedures, tax & labor compliance, and ongoing governance essentials for running a legally sound business in Japan. Table of Contents * I. Choosing the Right Form of Business Presence * A. Representative Office * B. Branch Office * C. Subsidiary

Slide summarising Japan’s APPI obligations, breach reporting timeline, cross-border transfer options, and METI cybersecurity guidelines for foreign companies

Japan’s Data Privacy & Cybersecurity Rules (2025): APPI, Breach Reporting, and Cross-Border Transfers Explained

TL;DR Japan’s APPI now reaches foreign firms, mandates strict breach reporting, and limits overseas transfers unless safeguards match Japanese standards. Pair that with growing ransomware threats, METI cybersecurity guidelines, and sector-specific rules, and US companies must localise privacy policies, vet vendors, and harden defences to stay compliant and

Slide summarising Japan’s Antimonopoly Act rules on exclusionary private monopolization

Competition / Antitrust Law

Exclusionary Practices under Japan’s Antimonopoly Act: A Compliance Guide for Dominant Firms

TL;DR Japan’s Antimonopoly Act (AMA) bans “exclusionary private monopolization” by dominant firms—conduct that artificially hinders rivals and substantially restrains competition. To stay compliant, define markets carefully, vet any practice that could impede rivals, and document genuine business justifications. A 2023 Tokyo High Court decision on airport fuel

One-slide summary of Japan trade-secret protection: definition triad, secret-management checklist, misappropriation acts, and civil/criminal remedies timeline.

Intellectual Property Law

Protecting Your Secrets: Trade Secret Management and Litigation in Japan

TL;DR To win trade-secret disputes in Japan you must (1) prove “secret management” (himitsu kanri sei) via clear access controls and employee awareness, (2) show the defendant actually used the information, and (3) be ready for limited discovery. Robust policies, NDAs, exit interviews, and early evidence gathering are critical.

Slide showing Japan-M&A timeline: strategic fit, due diligence, AMA & FEFTA filings, labor transfer steps, and post-merger integration milestones.

Navigating M&A in Japan: Key Legal Considerations for US Companies

TL;DR US acquirers must bridge Japan-specific information gaps, clear Antimonopoly Act and FEFTA screenings, respect labor-transfer rules, and plan culture-sensitive post-merger integration. Early, integrated advisor teams and post-closing due diligence are critical to capture value and avoid regulatory or compliance surprises. Table of Contents 1. Preparation and Strategic Alignment

Slide illustrating Japan’s data-licensing toolkit: contract clauses, trade-secret tests, and “Limitedly Provided Data” protection under the UCPA.

Intellectual Property Law

Licensing Data in Japan: Intellectual Property Considerations and Protection Strategies

TL;DR Japanese copyright and patent laws rarely cover raw datasets, so data-licensing relies on contracts plus the Unfair Competition Prevention Act. Trade-secret rules help when data remains confidential, while the 2018 “Limitedly Provided Data” regime protects commercially shared datasets managed by login controls. Combine tight licence terms with technical

Slide summarizing Japan’s 2022 human-rights guidelines: policy commitment, due-diligence cycle, grievance mechanisms, and board oversight requirements.

Integrating Business and Human Rights in Japan: Developing and Implementing a Corporate Human Rights Policy

TL;DR Japan’s 2022 government Guidelines align with the UNGPs and expect companies to publish a board-approved human-rights policy, then run ongoing due diligence. Creating the policy requires cross-functional input, stakeholder dialogue and top-level sign-off; real impact comes from embedding it in supply-chain contracts, training, grievance mechanisms and disclosure.

Slide summarizing the IP High Court “OLYMBEER” decision: Article 4(1)(vi) fame test, why “OLYMPIAD” failed, and implications for public-interest trademarks in Japan.

Intellectual Property Law

Protecting Famous Public Interest Marks in Japan: Lessons from the "OLYMBEER" Trademark Case

TL;DR Japan blocks imitation of state or public-interest marks only if the original is “well-known” among relevant consumers. In the 2022 IP High Court “OLYMBEER” decision, the IOC’s term “OLYMPIAD” failed this fame test, so the beer mark survived. Truly famous marks like “OLYMPIC” still enjoy broad protection.

Slide summarizing Japan’s 2023 idol case: subordination factors, employee re-classification, and invalidity of ¥2 million penalty under Labor Standards Act.

Labor & Employment Law

Employees or Independent Contractors? Classifying Entertainment Talent Under Japanese Labor Law

TL;DR Under Japanese labor law, entertainers may be deemed “employees” if they work under substantial control over schedule, location, and pay. An Osaka District Court decision (Apr 21 2023) re-classified an idol singer as an employee, voiding a ¥2 million penalty clause under Labor Standards Act Art. 16. Companies

One-slide checklist of Japan e-commerce laws—consumer disclosures, APPI, IP registration, payment options, import rules

Consumer Protection

Entering Japan’s E-commerce Market: Legal Essentials for Foreign Sellers

TL;DR * Japan’s e-commerce boom is attractive but highly regulated: consumer law, APPI, IP, payments and import rules all apply extraterritorially. * Direct sales carry the heaviest compliance load; marketplaces or local agents can mitigate risk but reduce control. * Clear disclosures under the Specified Commercial Transactions Act, APPI-compliant privacy notices,

One-slide overview of Japan’s labor mobility reforms—side jobs, reskilling, job-based contracts, and life-event leave

Labor & Employment Law

Japan’s New Labor Mobility Rules: From Lifetime Jobs to Flexible Careers

TL;DR * Japan is moving from lifetime employment to flexible, mobile careers, backed by new laws and policy. * Key reforms: promotion of job changes, guidelines for side jobs, mandatory disclosure of job-scope changes, and heavy investment in reskilling. * Employers must aggregate working hours across multiple jobs, manage health risks, and

One-slide summary of Japan’s single-color trademark rules and Louboutin red-sole case outcome

Intellectual Property Law

Single-Color Trademarks in Japan: Insights from the Louboutin Red-Sole Decision

TL;DR * Japan sets a very high bar for single-color trademarks. * Louboutin’s red-sole claims failed under both the Trademark Act (no acquired distinctiveness) and the Unfair Competition Prevention Act (no confusion / not “famous”). * Courts weighed market context (price, channels, other branding) over hue similarity. * To protect a color in

One-slide overview of Japan’s APPI, cross-border transfer rules, and 2023 cookie regulations for global data governance

Japanese Personal Data Compliance: APPI, Cross-Border Transfers & Global Governance

TL;DR * Japan’s APPI applies extraterritorially; global firms must map data flows and lawful bases. * Cross-border transfers from Japan need adequacy, consent, or APPI-equivalent safeguards. * EU-GDPR, US state laws, China’s PIPL often overlap—build a multi-layer governance model. * New 2023 Telecom Business Act “external transmission” rule adds cookie/

One-slide summary of Japan’s post-parental-leave rights, 2023 Tokyo High Court ruling, and compliance steps for employers

Labor & Employment Law

Post-Parental Leave in Japan: Avoiding Discrimination and Protecting Return-to-Work Rights

TL;DR * Japan’s EEOL and CFCLA prohibit any disadvantageous treatment of employees who take parental leave. * The Tokyo High Court (27 Apr 2023) ruled that placing a returning manager into an individual-contributor role—even with the same pay grade—was illegal discrimination. * Equivalency is judged by duties, authority, and

One-slide summary of director liability for JFTC antitrust surcharges in Japan – key duties, 2023 Tokyo High Court ruling, and compliance takeaways

Competition / Antitrust Law

Director Liability for JFTC Antitrust Surcharges in Japan — What Boards Must Know

TL;DR * The Tokyo High Court (Jan 26 2023) confirmed that company directors can be personally liable for 100 % of a JFTC surcharge imposed on the corporation for cartel conduct. * Liability was grounded in breaches of the duty of legal compliance and inadequate internal controls under Japan’s Companies Act.

World-map graphic comparing Japan, US and EU ad-regulation pillars: deception tests, surcharge/penalty types, substantiation timing and influencer-liability matrix.

Consumer Protection

Japan, US, and EU Advertising Regulation: A Comparative Look at Japan's Keihyōhō

TL;DR * Japan’s Keihyōhō, the FTC Act (§5) and the EU’s UCP Directive all ban deceptive advertising, yet diverge on enforcement: Japan relies on a 3 % (4.5 % repeat) turnover surcharge and a new commitment procedure; the FTC wields civil penalties and broad “unfairness” powers, while the EU

Flowchart summarising Keihyōhō compliance for online ads: advertiser liability, affiliate monitoring loop, mandatory #AD/#PR disclosure, and stealth-marketing prohibition effective Oct 2023.

Consumer Protection

Digital Deception or Fair Play? Applying Japan's Premiums and Representations Act to Online Advertising

TL;DR * Japan’s Act against Unjustifiable Premiums and Misleading Representations (Keihyōhō) applies fully to online ads; there is no “digital carve-out.” * Advertisers are liable for affiliate and influencer claims; 2022 guidelines mandate contracts, monitoring and swift takedowns. * As of Oct 2023, undisclosed “stealth marketing” is expressly prohibited: ads must

Infographic outlining Keihyōhō 2023 enforcement upgrade: 4.5 % repeat-offender surcharge, sales-estimation flow, direct criminal fines and compliance checklist for advertisers.

Consumer Protection

Raising the Stakes: Enhanced Surcharges and Penalties under Japan's Amended Premiums and Representations Act

TL;DR * The 2023 amendments to Japan’s Act against Unjustifiable Premiums and Misleading Representations (Keihyōhō) heighten risk: repeat surcharges jump from 3 % to 4.5 %; the Consumer Affairs Agency (CAA) may estimate sales when data are missing; and intentional core misrepresentations now draw direct criminal fines (up to ¥1

Infographic showing the Keihyōhō commitment procedure flow

Consumer Protection

A New Path for Resolution: Understanding Commitment Procedures under Japan's Revised Premiums and Representations Act

TL;DR * Japan’s 2023 amendments to the Act against Unjustifiable Premiums and Misleading Representations (Keihyōhō) introduced a commitment procedure (effective 1 Oct 2024) that lets companies avoid cease-and-desist and surcharge orders if the Consumer Affairs Agency certifies their remedial plan. * Eligibility is limited; egregious or repeat cases are excluded,

Infographic summarising 2023 Keihyōhō reform: commitment procedure flow, 4.5 % repeat-surcharge, direct criminal fines and digital-ad compliance checklist.

Consumer Protection

Key Changes in Japan's 2023 Premiums and Representations Act Revision

TL;DR * Japan’s 2023 amendments to the Premiums and Representations Act (effective 1 Oct 2024) introduce a voluntary commitment procedure that lets companies avoid cease-and-desist and surcharge orders if a remedial plan is approved and fully executed. * Repeat offenders face a higher surcharge rate of 4.5 % (up from