The Legal 500

Japan - Anderson Mori & Tomotsune

The main sources of employment law which govern individual labour relationships are the Labour Contract Law (“LCL”) and the rules established by court precedents, which serve as the basic rules which employment contracts must follow. The Labour Standards Act (“LSA”) also regulates employment contracts by providing minimum standards for the conditions of employment.

Japan

Anderson Mori & Tomotsune

Is your country a contracting state to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards? Since when has the Convention been in force? Were any declarations or notifications made under articles I, X and XI of the Convention? What other multilateral conventions relating to international commercial and investment arbitration is your country a party to?

 the Investment Management Business with Qualified Investors

On May 25, 2011, the bill for “the amendment of the Financial Instruments and Exchange Act, etc. for strengthening the foundations of the capital markets and the financial industry” was promulgated into law (the relevant amendment of the Financial Instruments and Exchange Act (Act No. 25 of 1948) (the “FIEA”) is referred to as the “FIEA Amendment”). 

Japan

Anderson Mori & Tomotsune

What type of legal system has Japan got? Are there any rules that govern procedure in Japan?

regard to the “Specially Permitted Businesses for QII”

On May 25, 2011, the bill for “the amendment of the Financial Instruments and Exchange Act, etc. for strengthening the foundations for the financial markets and the financial industry” (the “Amendment”) was enacted. 

Japan
Yusuke Nakano and Koya Uemura - Anderson Mori & Tomotsune

Intellectual property law Under what legislation are intellectual property rights granted? Are there restrictions on how IP rights may be exercised, licensed or transferred? Do the rights exceed the minimum required by the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs)? 

The investigation of white collar crime in Japan is undergoing dramatic changes. The catalyst for reform was an unprecedented scandal caused by the special investigation department of a public prosecutor's office.

Japan

Anderson Mori & Tomotsune: Tomoki Debari and Tomoyuki Tanaka 

1.1 Which government bodies /agencies regulate insurance (and reinsurance) companies?

• The IP High Court recognized the inventive step of a medical-use claim based on its remarkable effect
over the prior-arts (p.2)
• 顕著な効果を有することを理由に医薬用途発明の進歩性を肯定した知財高裁判決（平成23
年11 月30 日：平成23 年（行ケ）第10018 号）[Japanese] (p.2)
• 以具有显著效果为理由肯定医疗用途发明的进步性的知识产权高裁判决（平成23 年11 月30
日：平成23 年（行ヶ）第10018 号[Chinese] (p.3)
• "Use" of Computer System (p.3)

Tax Reform Proposals for 2012 Issued on December 10, 2011 by the Japanese Cabinet

Introduction of a New International Taxation Regime Called "Excessive Interest Payment Taxation"