When an employee leaves the service of a company, he or she is required by law to keep trade secrets confidential. Revealing trade secrets, whether for compensation or for free, is illegal and the basis for a lawsuit under Japan’s unfair competition laws. Companies are subject to the same liability for questioning their own employees […]
The exclusivity of an agreement is an important part of negotiating any business deal and plays a large role in licensing agreements and distributorship agreements. Making a distributorship agreement exclusive means that only the distributor with the exclusive right may sell the products. Similarly, an exclusive license means that only the licensee can use the […]
The Ministry of Justice will accept requests for disclosure of alien registration records for foreigners living in Japan. Having a copy of these records can help foreign nationals clarify the source of their immigration problems or provide evidence in an immigration dispute. However, these records contain very private information and therefore, the Ministry of Justice […]
Breach of a promise to marry can lead to an award of damages in Japan. Furthermore, similar to some types of commercial contracts, promises to marry do not have to be written down to be enforceable, as long as there is enough evidence to show the existence of the promise. In many cases for breach […]
Many cases in Japan are settled by the parties before the final judgment is delivered. Many judges actually encourage parties to settle their disputes as it is usually easier to enforce an agreement that both parties have negotiated rather than an order granted by a judge. Settlements also save time and money. Businesses especially appreciate […]
Inheritance tax in Japan is progressive. Therefore the exact value of the inherited assets must be clear before the tax can be accurately calculated. For some assets, like bank accounts, this valuation is easy. In other cases, like real property, the value can be less clear. In general, inheritance tax for real property will usually […]
The family registration system is used in Japan to register Japanese citizens from birth until death. In this way, the family register acts as a birth certificate, death certificate, proof of marriage and proof of divorce. It also can be used to certify Japanese citizenship. The family register, as the name suggests, is based upon […]
These days many lawsuits are filed to settle disputes regarding complex technical issues in fields such as medicine, construction or intellectual property. For cases such as these, Japanese law was modified in 2003 to allow the court may arrange for the participation of a technical adviser in the proceedings to explain issues and evidence. The […]
In many cases, the largest obstacle to collecting a debt is simply that the debtor does not have the money to pay. Therefore, even after obtaining a judgment and filing for compulsory execution, if the debtor doesn’t have money to pay the debt, there is little hope of a full recovery. In situations where it […]
Laws relating to bicycles in Japan are not always enforced, but the failure to follow the following rules could result in a 20,000 yen fine. Bikes must use a designated bike lane if available; otherwise they should stay on the half of the sidewalk closer to the curb. When biking on the sidewalk you must […]
In order to obtain Japanese permanent residency, there is a list of requirements that the applicant must meet. Some of these requirements include the amount of time spent living in Japan, proof of good conduct and sufficient economic resources, among other things. However, for spouses of Japanese citizens, these requirements are relaxed in order to […]
An undertaking not to compete is a clause often used in commercial contracts in industries where competition is fierce. The clause aims to prevent a partner company or employee from engaging in business with a competitor during the term of the contract. In some cases, the undertaking not to compete, also sometimes called a non-compete […]