Litigation, Anderson Mori & Tomotsune updates

Japan

Contributed by Anderson Mori & Tomotsune
Supreme Court clarifies requirements for enforcement of foreign judgments
  • Japan
  • 09 April 2019

The Supreme Court recently considered the enforceability of a Californian default judgment which had been served on the defendant at the wrong address. The decision clarifies that in cases involving the enforcement of a foreign judgment, service of the initial complaint through diplomatic or consular agents is required. However, service of the judgment through diplomatic or consular agents is unnecessary.

IP High Court sets precedent regarding liability for inline linking
  • Japan
  • 18 December 2018

The IP High Court recently addressed the issue of inline linking in retweets with regard to a claim brought under the Act on Provider's Liability. This decision sets a precedent in Japan, as it demonstrates that Twitter users may be liable for the infringement of a party's copyright or moral right when inline-linked images are contained in retweets.

Supreme Court: lease renewal fee clauses under Consumer Contract Act
  • Japan
  • 30 August 2011

In Japan, when the tenant of a residence renews his or her lease agreement, the lessor often charges a renewal fee. For the first time, the Supreme Court has ruled on the issue of whether renewal fee clauses in lease agreements may fall foul of Article 10 of the Consumer Contract Act. It established a rule to determine whether such a clause unilaterally impairs the consumer's interests.

New rules on international jurisdiction - impact on IP disputes
  • Japan
  • 14 June 2011

A recently promulgated bill to amend the Code of Civil Procedure and the Civil Provisional Remedies Act will change the international jurisdiction of the Japanese courts and will have a significant impact on foreign businesses. It also raises specific concerns for IP stakeholders.

New international jurisdiction rules: foreign companies must brace for change
  • Japan
  • 17 May 2011

Forthcoming changes to the Code of Civil Procedure will transform much international litigation involving a Japanese party. They will significantly affect many foreign companies that do not have offices in Japan, but engage in continuous transactions there, as well as foreign companies whose consumer contracts contain forum selection clauses designating a jurisdiction outside Japan.


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