Latest updates

Similarity of device marks to be used as stitched ornamental marks
Nishimura & Asahi
  • Intellectual Property
  • Japan
  • December 04 2017

A Japanese company recently claimed that a Chinese company's trademark should be invalidated due to its similarity with the plaintiff's trademarks and the likelihood of confusion as to the source of the designated goods. Although the Japanese Patent Office Trial and Appeal Board rejected the plaintiff's claims, the IP High Court overturned this decision. The conclusive factor in the case was the way in which the similarity of marks should be assessed when they are intended to be stitched on certain goods.

Fair disclosure rule under securities law
  • Capital Markets
  • Japan
  • November 21 2017

In June 2017 the Financial Instruments and Exchange Act was amended to introduce the so-called 'fair disclosure' rule in Japan. The amendments address recent cases of selective disclosure of material information by issuers to sell-side analysts and investors' requests to introduce similar fair disclosure rules to those of other jurisdictions. The Financial Services Agency recently published a draft implementing order, ordinance and guidelines for public comment.

Gift giving in corporate Japan: US Foreign Corrupt Practices Act considerations
Nagashima Ohno & Tsunematsu
  • White Collar Crime
  • Japan
  • November 20 2017

Japan's spirit of omotenashi (ie, hospitality) encompasses many aspects of Japanese culture and etiquette, including the practice of gift giving. Many Japanese companies invest heavily in nurturing long-term business partners and, as such, the practice of giving gifts to business partners is relatively common. However, a number of risks may arise in this regard under international anti-corruption legislation, particularly the US Foreign Corrupt Practices Act.

Fintech patent infringement litigation between venture businesses
Nishimura & Asahi
  • Intellectual Property
  • Japan
  • November 13 2017

The Tokyo District Court recently rendered its judgment in a patent infringement case regarding fintech-related technologies. This case has been widely reported on in Japan because both parties are major venture businesses and leaders in the Japanese fintech market. This case is also notable as the defendant's cloud-based accounting system involved machine-learning technologies and disputes of this nature are expected to increase.

Equal pay for equal work: recent trends
Nagashima Ohno & Tsunematsu
  • Employment & Benefits
  • Japan
  • November 01 2017

In recent years, the government-established Council for the Realisation of Work Style Reform has frequently discussed how to realise the international trend of equal pay for equal work in Japan. Further, the Japanese courts have rendered some noteworthy judgments regarding the equal pay for equal work principle. As such, the government is in the process of amending the rules on equal pay for equal work, which will significantly affect Japanese employment practice.

Acquisition of Japanese loans by non-Japanese financial institutions
Nagashima Ohno & Tsunematsu
  • Banking
  • Japan
  • September 15 2017

Financial institutions that have no operations in Japan can readily acquire loans made to Japanese borrowers by purchasing the receivables relating to such loans. A number of requirements and considerations must be taken into account when transferring loan receivables, including with regard to novation, money lending operations, registered money lenders, perfection and the upcoming amendments to the Civil Code.

Enforcement of amended personal information protection regime
  • IT & Internet
  • Japan
  • August 29 2017

The widely publicised amendments to the Act on the Protection of Personal Information recently came into force. In addition to changing how companies must handle personal information, the amendments reflect a significant shift in how such obligations are regulated and enforced. They also mark the establishment of the Personal Information Protection Commission, which will be the regulatory body responsible for managing and ensuring compliance with the amended act.

Can you register a parody trademark?
Nishimura & Asahi
  • Intellectual Property
  • Japan
  • June 19 2017

The registrant in a recent case registered the trademark FRANCK MIURA in Japanese katakana and Chinese characters with regard to its lookalikes of Franck Muller's well-known luxury watches. However, while the watch designs resembled each other in their entirety, the design similarities were not at issue in this case. Rather, the case centred on the similarity of, and the likelihood of confusion between, the trademark and three prior FRANCK MULLER marks.

New Action Plan for Realisation of Work Style Reform
Nagashima Ohno & Tsunematsu
  • Employment & Benefits
  • Japan
  • June 07 2017

The Council for the Realisation of Work Style Reform recently approved its action plan. To implement the plan, which the government has since adopted, certain legal amendments must be enacted. A number of related bills are expected to be tabled before the National Diet in 2017 and will likely garner significant attention.

Trademark procedures and strategies
Nishimura & Asahi
  • Intellectual Property
  • Japan
  • May 01 2017

The Trademark Law and its related regulations govern the registration and protection of trademarks in Japan. The Examination Guidelines for Trademarks also play an important role in the examination of trademark applications at the Japan Patent Office. Revisions to the examination guidelines are underway and additional revisions (eg, guidelines on judging the similarities between trademarks) are under discussion.

Ministry of Health, Labour and Welfare strengthens overtime regulations
Nagashima Ohno & Tsunematsu
  • Employment & Benefits
  • Japan
  • April 19 2017

In recent years, excessively long overtime hours have been an issue in Japan. In accordance with the Labour Standards Act, the maximum working hours are eight hours a day, 40 hours a week, and company directors who violate this article are subject to imprisonment with labour or a fine. While an employer can extend its employees working hours in certain circumstances under a so-called '36 agreement', the Ministry of Health, Labour and Welfare has set out the upper limits for such overtime work.

New plea bargaining system: a new compliance risk for companies with operations in Japan?
Nagashima Ohno & Tsunematsu
  • White Collar Crime
  • Japan
  • April 10 2017

Various initiatives in recent years have set in motion a number of reforms to the Japanese criminal justice system. Of most interest to businesses operating in Japan is undoubtedly the introduction of Japan's first plea bargaining system, which will likely incentivise both Japanese and global companies in Japan to take meaningful steps to bolster corporate compliance in order to avoid the sometimes devastating consequences of serious corporate malfeasance.

Package design protection in Japan
Nishimura & Asahi
  • Intellectual Property
  • Japan
  • January 30 2017

When used consistently, package designs can act as brand symbols and identifiers. As such, they are increasingly valuable to brand owners. However, if a package design is used or imitated by third parties, its value to the brand will decrease and may even disappear. In order to prevent third-party use or imitation, brand owners should protect their package designs. The simplest way to do so is to obtain an industrial design or trademark registration.

Suntory and Asahi settle non-alcoholic beer patent litigation
Nishimura & Asahi
  • Intellectual Property
  • Japan
  • October 31 2016

Suntory Holdings KK and Asahi Breweries, Ltd recently reached an amicable settlement based on the IP High Court's advice. Suntory, which owned the patent for a non-alcoholic beer-flavoured drink, had brought proceedings against Asahi, alleging that its manufacture and sale of the non-alcoholic beer Dry Zero constituted patent infringement. Although details of the settlement are confidential, it is believed to have been favourable to Asahi.

Government calls for disclosure of sales commission from life insurance products with market risks
  • Insurance
  • Japan
  • September 27 2016

In September 2015 the government published a policy encouraging financial institutions to act in good faith on behalf of customers and calling for financial institutions – such as banks selling investment trusts or savings insurance on behalf of insurers – to be more transparent in disclosing their sales commission. The Association of Life Insurance Companies recently published non-binding basic principles for such disclosures.

A world first? New guidance issued for listed companies conducting internal investigations
Nagashima Ohno & Tsunematsu
  • White Collar Crime
  • Japan
  • August 22 2016

In early 2016 the Japan Exchange Regulation released its Principles for Listed Companies Dealing with Corporate Malfeasance. The principles appear to be the first example of a national stock exchange setting out specific guidelines on how a corporation should behave when faced with a corporate scandal and, as such, are an example of Japan leading the way in this increasingly important area of corporate governance.

Are you willing to drive an autonomous car? Will it expose you to legal liability?
  • Insurance
  • Japan
  • July 26 2016

Due to the ongoing global development and implementation of autonomous driving technologies, issues pertaining to damages liability in accidents and the institutional approaches to protect victims are of considerable importance. In light of this, the General Insurance Association of Japan recently released its Legal Issues on Autonomous Driving report concerning damages liability in accidents involving autonomous automobiles.

New sponsor election process for restructurings
  • Insolvency & Restructuring
  • Japan
  • July 15 2016

It is common practice to elect a sponsor to finance a failing business and in many insolvency cases, such election is necessary for a successful restructuring. As the traditionally conservative approach has made it hard for some companies to elect sponsors, a new approach to determining the appropriateness of an election procedure has been suggested, under which a breach of the approach will not necessarily mean that an election procedure is illegal.

Insurance Business Act amendment most significant in 20 years
  • Insurance
  • Japan
  • June 14 2016

A recent amendment to the Insurance Business Act will have a significant impact on the sale and solicitation of insurance. Knowledge of the amendment – which imposes new obligations on insurance agents and brokers to provide information to prospective customers, discover prospective customers' intentions and establish appropriate compliance systems – is vital for insurers or reinsurers wanting to operate successfully in Japan.

Inventing on the job; who holds the rights?
Nishimura & Asahi
  • Intellectual Property
  • Japan
  • June 06 2016

Recent patent law amendments have made it easier for employers to retain exclusive rights to employee inventions. The amendments enable employers to abolish employees' patent rights to inventions created during the course of their employment. In addition, new government guidelines aim to reduce ambiguities concerning payments that should be made to employee inventors when abolishing these rights.