Compliance - Japan Compliance (Page 5)

Japan Compliance

Compliance

A collection of 188 posts

Slide summarising Japan’s Oshigami ASBP ruling: factors for superior position, “justifiable grounds” test and compliance checklist for supply-chain negotiations.

Competition / Antitrust Law

Fair Dealings in Japan: Abuse of Superior Bargaining Position and the "Oshigami" Case

TL;DR * Japan’s Antimonopoly Act polices unfair B2B conduct via the Abuse of Superior Bargaining Position (ASBP) rule. * In the 2023 Osaka High Court “Oshigami” case, a distributor failed to prove a publisher’s refusal to cut excess newspaper copies was unjust—the court accepted the publisher’s business

Slide tracing a Japanese conglomerate’s delisting journey: scandal, insolvency, activist conflict, failed spin-off and 2023 tender-offer take-private.

Corporate Governance

Lessons from a Japanese Conglomerate Delisting: Governance Failures, Activist Battles & Take-Private Exit

TL;DR * A seven-decade-old conglomerate left the TSE in Dec 2023 after scandal, insolvency, activist clashes and a take-private buy-out led by JIP. * “Board 2.0” reforms (outside-director majority) after the 2015 accounting scandal proved inadequate when a 2017 cash crisis brought foreign funds onto the register. * Prolonged conflict, a

Intellectual Property Law

Protecting Product Configuration in Japan: Using the UCPA to Safeguard Trade Dress

TL;DR * Japan’s Unfair Competition Prevention Act (UCPA) lets brand owners protect distinctive product shapes that have acquired secondary meaning. * A 2023 IP High Court ruling on yellow-stitched boots shows how courts test distinctiveness, fame and likelihood of confusion. * Evidence of consumer recognition, sales, advertising and highlighted unique features

Slide summarising 2024 Japanese labor-law cases: illegal-order power harassment ruling and retaliatory bonus-denial judgment with compliance takeaways.

Labor & Employment Law

Power, Pay, and Process: Key Japanese Labor Law Decisions in 2024

TL;DR * A February 2024 Ōtsu District Court case held that ordering an employee to break the Worker-Dispatch Act is power harassment, awarding damages. * A November 2023 Hiroshima High Court case deemed a retaliatory denial of a director’s retirement bonus unlawful, awarding the bonus as tort damages. * Together the

Japan’s Supreme Court Ends Surgery Requirement for Legal Gender Change: What It Means for Employers

Constitutional Law

Japan’s Supreme Court Ends Surgery Requirement for Legal Gender Change: What It Means for Employers

TL;DR * On 25 Oct 2023 the Supreme Court struck down the Civil Code surgery requirement (GID Act Art.3 ①④) as unconstitutional. * Courts must now accept gender-marker changes without sterilisation surgery; detailed criteria will be set by lower courts. * Employers and schools should update HR, facility‐use and privacy policies

Slide summarising Japan’s 2024 overtime-cap expansion: new hour limits, sector-specific challenges, labour-shortage impact and compliance measures for employers.

Labor & Employment Law

Japan’s 2024 Work-Style Reform: Overtime Caps, Sector Shortages & Compliance Guide for Global Firms

TL;DR * From 1 Apr 2024 Japan extended strict overtime caps to construction, drivers and doctors, ending a 5-year grace period and creating the “2024 Problem.” * Labour-shortage sectors now face capped hours (e.g., 960 h/year for drivers) plus tougher rest-interval and record-keeping duties. * Businesses must redesign schedules, raise

Slide showing Japan’s publicity-vs-portrait rights, Pink Lady infringement test, 2023 talent-agency case and contract checklist for marketing uses.

Intellectual Property Law

Publicity & Portrait Rights in Japan: Legal Guide for US Marketing and Entertainment Businesses

TL;DR * Japan protects identity value through judge-made Publicity Rights (economic) and Portrait Rights (privacy/dignity). * The Supreme Court’s Pink Lady test finds infringement only when use is exclusively to exploit customer-attraction power. * A 2023 Tokyo case shows roster-style website uses can be lawful if primarily informational. Written consent

Slide summarising Japan’s “unreasonably high” executive-pay rules: dual tests, 2023 Tokyo case, benchmarking methods and compliance checklist for US subsidiaries.

Executive Pay in Japan: Avoiding “Unreasonably High” Compensation Pitfalls under the Corporation Tax Act

TL;DR * Japan’s Corporation Tax Act allows deductions for executive pay only if the amount is not “unreasonably high.” * Article 70 of the Enforcement Order applies dual tests: substantive benchmarking vs. formal limits. * Courts (Tokyo 2023, Supreme Court 1997) uphold the rule; thorough benchmarking, board approvals and documentation are

Slide summarising franchising risks in Japan: ASBP concept, 2023 court injunction, territory expectations and compliance checklist for US franchisors.

Competition / Antitrust Law

Franchising in Japan: Antimonopoly Act Risks, ASBP Case Study & Compliance Steps for US Brands

TL;DR * Japan lacks a single franchise statute, so antitrust rules—especially the Antimonopoly Act’s Abuse of Superior Bargaining Position (ASBP)—govern fairness. * A 2023 Tokyo District Court injunction shows franchisors may not undermine franchisees’ “reasonable territorial expectations,” even if not in the contract. * US franchisors must draft clear

Slide outlining Japan’s overseas anti-corruption regime: UCPA Article 18 scope, OECD enforcement trend, FCPA overlap and compliance checklist for US multinationals.

Anti-Corruption

Japan’s Overseas Anti-Corruption Stance: Compliance Roadmap for US Companies Operating Abroad

TL;DR * Japan criminalises overseas bribery of foreign public officials under the Unfair Competition Prevention Act (UCPA) and expects global groups to prevent misconduct. * Enforcement is rising: coordinated investigations with US DOJ、SEC and other OECD peers have increased since 2020. * US parent companies must integrate Japanese subsidiary risks into

Slide summarising Japan’s camera-surveillance rules: APPI personal-information scope, 2023 facial-recognition guidance, signage & retention best practices.

Camera Surveillance in Japan: APPI Rules, Facial-Recognition Guidance & Compliance Tips for US Businesses

TL;DR * Identifiable camera images are “personal information” under Japan’s APPI; capture alone triggers obligations. * Facial-recognition systems face stricter transparency and purpose-limitation tests under PPC 2023 guidance. * Clear signage, narrowly defined purposes, robust security measures and retention limits are essential for compliance. Table of Contents 1. Defining “Personal Information”

Slide illustrating Japan’s digital news market antitrust issues: platform–publisher bargaining gap, JFTC abuse-of-superior-position test, and compliance checklist.

Competition / Antitrust Law

News Platforms vs. Publishers in Japan: Competition Policy in the Digital News Market

TL;DR * Japan’s news ecosystem now depends heavily on a handful of digital platforms, creating bargaining-power imbalances and new antitrust risks. * The JFTC’s 2023 market study flags low licence fees, self-preferencing and opaque algorithms as potential Abuse of Superior Bargaining Position or unfair trade practices. * Publishers may pursue

Slide summarising parent-company director liability in Japan: duty of oversight, 2024 case law, red-flag test and compliance controls for multinational groups.

Corporate Governance

Parent Company Director Liability in Japan: Oversight of Subsidiary Compliance Failures

TL;DR * Japanese courts now scrutinise parent-company directors who ignore “red flags” of subsidiary misconduct—finding possible liability under Companies Act Articles 355 & 423. * Key risks include derivative suits, loss-recovery actions and criminal aiding-and-abetting if directors fail to implement adequate group-wide compliance systems. * Multinationals must formalise reporting lines, conduct

Slide summarising Japan’s rules on false IP takedowns: UCPA Art. 2(1)(xxi) test, 2024 Osaka High Court case facts, duty-of-care checklist for platform users.

Competition / Antitrust Law

False IP Takedowns on Japanese E-Commerce Platforms: UCPA Liability & Risk-Control Guide

TL;DR * Filing baseless IP-infringement reports on Japanese e-commerce platforms can breach the Unfair Competition Prevention Act (UCPA) Art. 2(1)(xxi). * An Osaka High Court ruling (26 Jan 2024) held a competitor liable for negligent, false copyright claims that triggered listing suspensions. * Rights-holders must verify ownership, investigate infringement and

Slide outlining EU Data Act impact on US–Japan supply chains: IoT data-sharing rules, FRAND access, cloud switching and 2025 compliance deadline.

Regulatory Updates

EU Data Act Compliance for US Firms with Japanese Links: Key Risks & Strategic Steps

TL;DR * The EU Data Act, in force since Jan 2024 and fully applicable from Sep 2025, mandates broad data-sharing rules for IoT and non-personal data. * Japanese manufacturers in automotive, machinery and electronics will be heavily affected, creating knock-on compliance duties and market shifts for US partners. * US companies should

Slide mapping liability for AI-generated copyright infringement in Japan: user as direct infringer, “normative actor” test for platforms, key defence measures.

Intellectual Property Law

AI-Generated Copyright Infringement in Japan: Liability for Users, Developers & Platforms Explained

TL;DR * Direct users of a generative-AI tool are the primary infringers when outputs copy protected works, but intent/negligence determines damages. * Japan’s unique “normative actor” theory can extend liability to AI developers or service providers who control, profit from and fail to curb infringing outputs. * Key defences are

Slide summarising authorship of AI-generated content in Japan: human “creative contribution” test, public-domain outcomes and business considerations.

Intellectual Property Law

Who Owns AI-Generated Works in Japan? Copyright, Authorship & Article 2 Criteria Explained

TL;DR * Under Japan’s Copyright Act, AI itself cannot be an “author”; copyright protection hinges on a human’s “creative contribution.” * Purely autonomous AI outputs fall into the public domain; human-guided outputs may be protected if the user adds sufficient creative input. * Businesses must document prompts, iterative edits and

Slide showing Japan’s strict product-by-process claim rules: Pravastatin test, 2024 Celecoxib clarity check, drafting tips and compliance roadmap.

Intellectual Property Law

Product-by-Process Claim Clarity in Japan: Drafting Challenges & Best Practices

TL;DR * Japan applies a uniquely strict clarity test to product-by-process (PBP) claims after the 2015 Pravastatin decision and the IP High Court’s 2024 Celecoxib case. * A PBP claim is allowed only if defining the product by structure/properties was impossible or impractical at filing and the recited process

Slide explaining Japan’s 2024 Supreme-Court job-scope ruling: when contract limits block transfers, required employer actions and compliance checklist.

Labor & Employment Law

Job-Scope Agreements & Employee Transfers in Japan: When Contract Limits Override Employer Flexibility

TL;DR * A 2024 Supreme Court ruling confirms that explicit or implicit job-scope or location limits override an employer’s general transfer right. * If such an agreement exists, the employer lacks authority to order an out-of-scope transfer unless the employee consents. * Employers must craft clear contracts, seek genuine consent, or

Slide summarising director liability for corporate donations in Japan—conflict-of-interest rules, Shizuoka 2024 case, key compliance steps.

Corporate Governance

Director Liability for Corporate Donations in Japan: Managing Conflicts of Interest & Fiduciary Duty

TL;DR * Japanese law permits philanthropy, but donations tied to a director’s interests trigger strict conflict rules under the Companies Act. * The Shizuoka District Court (Apr 25 2024) upheld a ¥4.76 bn bank-to-foundation donation, stressing documented CSR purpose and reasonable scale. * Boards must secure conflict-free approval, prove a

Slide summarising JFTC cost pass-through rules: AMA, Subcontract Act, proactive price talks and key compliance actions.

Competition / Antitrust Law

Cost Pass-Through Under Japan’s Antimonopoly & Subcontract Acts: How to Avoid JFTC Scrutiny

TL;DR * Japan’s JFTC now treats passive refusal to discuss cost hikes—or rejecting supplier price-rise requests without reasons—as potential Abuse of Superior Bargaining Position. * Both the Antimonopoly Act and the Subcontract Act have been re-interpreted through new guidelines, large-scale surveys and public “naming and shaming.” * Buyers should

Summary slide: key Business & Human Rights compliance steps in Japan—policy commitment, risk-based HRDD, stakeholder engagement, grievance mechanism.

Business & Human Rights Compliance in Japan: How to Meet Rising Global Expectations

TL;DR * Japan relies on soft-law guidance such as the 2022 METI/MOFA Guidelines, yet global investors, buyers and regulators increasingly expect robust human-rights due diligence (HRDD). * Aligning with UNGPs, companies should embed a policy commitment, map and prioritise risks, implement HRDD, engage stakeholders and ensure grievance mechanisms. * Ignoring BHR

Slide summary: Japanese patent strategy—clear title, cross-border digital enforcement, secrecy-order risk under ESPA

Intellectual Property Law

Protecting Innovation: Patent Enforcement and Management Strategies in Japan

TL;DR: Winning the Japanese market demands more than filing patents. Recent court rulings strengthen good-faith purchaser protection and expand infringement reach to foreign digital services, while a new patent-secrecy regime may block publication and foreign filing. Clear title, cross-border enforcement tactics and secrecy-order risk management now form a three-pillar

Slide summary: Japan antitrust—cooperative exemption limits, ESG human-rights collaboration risks, Green Guidelines framework

Competition / Antitrust Law

Antitrust Considerations in Japan: Beyond Cartels – Cooperatives, ESG, and Human Rights

TL;DR: Japan’s Antimonopoly Act polices more than cartels—recent JFTC cases against fishery cooperatives show the limits of Article 22 exemptions, while ESG collaborations on human-rights due diligence face antitrust scrutiny under the Green Guidelines framework. Businesses must vet cooperative agreements, information sharing and boycott risks. Table of

Slide summary: Japan indirect-discrimination rules and 2024 Freelance Act—clear contracts, 60-day payment, anti-harassment duties

Labor & Employment Law

Workforce Management in Japan: Tackling Indirect Discrimination and the New Freelance Act

TL;DR: Japan is tightening rules on indirect discrimination while launching a Freelance Protection Act that mandates clear contracts, 60-day payment and anti-harassment duties. Employers must audit “neutral” policies for disparate impact and overhaul freelancer onboarding by November 2024. Table of Contents 1. Introduction: Navigating Japan's Evolving Labor