Nagashima Ohno & Tsunematsu

In January 2026, the Intellectual Property Divisions of the Tokyo District Court (the “TDC IP Division”) published their “Guidelines for Standard Essential Patents Judicial Mediation (SEPJM)” (the “Guidelines”)[1] which follows the earlier publication of the TDC IP Division’s “Guidelines for Patent Infringement Lawsuits Involving Standard Essential Patents” (the “SEP Lawsuit Guidelines”)[2],[3]. The Guidelines announced the TDC IP Division’s decision to implement judicial mediation for dispute cases involving standard essential patents (“SEPs”; and such mediation, “SEP Judicial Mediation”), as a special procedure under the intellectual property judicial mediation procedure[4], and set out important points regarding the SEP Judicial Mediation. According to the Guidelines, SEP Judicial Mediation is intended to resolve SEP‑related disputes including disputes over the licensing royalty under fair, reasonable, and non-discriminatory (“FRAND”) terms for the SEP holder’s entire global SEP portfolio (such royalty hereinafter referred to as the “Global FRAND Royalty”), on a global basis (i.e., not limited to disputes that arise in Japan) in a more expeditious manner than a SEP Lawsuit administered under the SEP Lawsuit Guidelines. In addition, where a settlement is not reached through mediation, the Guidelines address a point that is expected to influence consideration of the abuse of rights defense (the so-called FRAND defense) in a subsequent lawsuit or preliminary injunction proceeding. Accordingly, the Guidelines will likely have a significant impact on strategies for SEP-related disputes including whether parties should choose to bring a SEP Lawsuit initially or file a petition for SEP Judicial Mediation. We provide below a basic flowchart (with comments) describing the presumed progression of proceedings in a SEP Judicial Mediation in light of the Guidelines, and notable points regarding the Guidelines. [1] Our unofficial English translation of the Guidelines is provided as an annex to this newsletter for reference purposes only. The Guidelines (in Japanese) are published on the Tokyo District Court’s page on the website of the Courts in Japan (URL: https://www.courts.go.jp/tokyo/saiban/minzi_section29_40_46_47/SEPJM_chizai_jiken_teiki/index_2_1.html) (last accessed: April 1, 2026). As of April 1, 2026, the Intellectual Property Divisions of the Osaka District Court have not published similar guidelines for SEP-related judicial mediation. [2] For a overview analysis of the SEP Lawsuit Guidelines, please see our firm’s newsletter “Publication of the “Guidelines for Patent Infringement Lawsuits Involving Standard Essential Patents” by the Intellectual Property Divisions of the Tokyo District Court.” (NO&T IP Law Update No.17 (March, 2026)) [3] To add some further context regarding SEP lawsuits in Japan, in the Samsung Electronics Co., Ltd. v. Apple Japan GK case, the Intellectual Property High Court, in its judgment of May 16, 2014, ruled that Samsung, the patent holder, was not entitled to seek an injunction against Apple to stop sales of certain Apple products based on its finding that “Apple Inc. and Apple Japan have a willingness to obtain a license on FRAND terms” and concluded that “the exercise of the injunction right based on the patent right in question constitutes an abuse of rights (Article 1(3) of the Civil Code).” After that decision, there were virtually no court decisions addressing this issue until early 2025. However, on June 23, 2025, in the Pantech v. Google case, the Tokyo District Court issued a judgment (the “Tokyo District Court Judgment”) granting an injunction based on a FRAND-committed SEP for the first time in Japan. For a summary of the Tokyo District Court Judgment and its significance, please see our firm’s newsletter “The Japanese court first judgment to grant an injunction based on a FRAND‑committed SEP” (NO&T IP Law Update No.16 (November, 2025)). [4] The “Operation of the Intellectual Property Mediation Procedure” (in Japanese) setting out the TDC IP Division’s guidelines for intellectual property judicial mediations, is published on the Tokyo District Court’s page on the website of the Courts in Japan (URL: https://www.courts.go.jp/tokyo/saiban/minzi_section29_40_46_47/tizaityoutei/index.html), and a corresponding English guide, “Guide to IP Conciliation Proceedings,” is published on the Intellectual Property High Court’s page on the website of the Courts in Japan (URL: https://www.courts.go.jp/ip/eng/vc-files/eng/file/Guide_to_IP_Conciliation_Proceedings.pdf).

In January 2026, the Intellectual Property Divisions of the Tokyo District Court (the “TDC IP Division”) published their “Guidelines for Standard Essential Patents Judicial Mediation (SEPJM)” (the “Guidelines”)[1] which follows the earlier publication of the TDC IP Division’s “Guidelines for Patent Infringement Lawsuits Involving Standard Essential Patents” (the “SEP Lawsuit Guidelines”)[2],[3].  The Guidelines announced the TDC IP Division’s decision to implement judicial mediation for dispute cases involving standard essential patents (“SEPs”; and such mediation, “SEP Judicial Mediation”), as a special procedure under the intellectual property judicial mediation procedure[4], and set out important points regarding the SEP Judicial Mediation. According to the Guidelines, SEP Judicial Mediation is intended to resolve SEP‑related disputes including disputes over the licensing royalty under fair, reasonable, and non-discriminatory (“FRAND”) terms for the SEP holder’s entire global SEP portfolio (such royalty hereinafter referred to as the “Global FRAND Royalty”), on a global basis (i.e., not limited to disputes that arise in Japan) in a more expeditious manner than a SEP Lawsuit administered under the SEP Lawsuit Guidelines. In addition, where a settlement is not reached through mediation, the Guidelines address a point that is expected to influence consideration of the abuse of rights defense (the so-called FRAND defense) in a subsequent lawsuit or preliminary injunction proceeding. Accordingly, the Guidelines will likely have a significant impact on strategies for SEP-related disputes including whether parties should choose to bring a SEP Lawsuit initially or file a petition for SEP Judicial Mediation. We provide below a basic flowchart (with comments) describing the presumed progression of proceedings in a SEP Judicial Mediation in light of the Guidelines, and notable points regarding the Guidelines. [1] Our unofficial English translation of the Guidelines is provided as an annex to this newsletter for reference purposes only. The Guidelines (in Japanese) are published on the Tokyo District Court’s page on the website of the Courts in Japan (URL: https://www.courts.go.jp/tokyo/saiban/minzi_section29_40_46_47/SEPJM_chizai_jiken_teiki/index_2_1.html) (last accessed: April 1, 2026). As of April 1, 2026, the Intellectual Property Divisions of the Osaka District Court have not published similar guidelines for SEP-related judicial mediation. [2] For a overview analysis of the SEP Lawsuit Guidelines, please see our firm’s newsletter “Publication of the “Guidelines for Patent Infringement Lawsuits Involving Standard Essential Patents” by the Intellectual Property Divisions of the Tokyo District Court.” (NO&T IP Law Update No.17 (March, 2026)) [3] To add some further context regarding SEP lawsuits in Japan, in the Samsung Electronics Co., Ltd. v. Apple Japan GK case, the Intellectual Property High Court, in its judgment of May 16, 2014, ruled that Samsung, the patent holder, was not entitled to seek an injunction against Apple to stop sales of certain Apple products based on its finding that “Apple Inc. and Apple Japan have a willingness to obtain a license on FRAND terms” and concluded that “the exercise of the injunction right based on the patent right in question constitutes an abuse of rights (Article 1(3) of the Civil Code).” After that decision, there were virtually no court decisions addressing this issue until early 2025. However, on June 23, 2025, in the Pantech v. Google case, the Tokyo District Court issued a judgment (the “Tokyo District Court Judgment”) granting an injunction based on a FRAND-committed SEP for the first time in Japan. For a summary of the Tokyo District Court Judgment and its significance, please see our firm’s newsletter “The Japanese court first judgment to grant an injunction based on a FRAND‑committed SEP” (NO&T IP Law Update No.16 (November, 2025)). [4] The “Operation of the Intellectual Property Mediation Procedure” (in Japanese) setting out the TDC IP Division’s guidelines for intellectual property judicial mediations, is published on the Tokyo District Court’s page on the website of the Courts in Japan (URL: https://www.courts.go.jp/tokyo/saiban/minzi_section29_40_46_47/tizaityoutei/index.html), and a corresponding English guide, “Guide to IP Conciliation Proceedings,” is published on the Intellectual Property High Court’s page on the website of the Courts in Japan (URL: https://www.courts.go.jp/ip/eng/vc-files/eng/file/Guide_to_IP_Conciliation_Proceedings.pdf).

In January 2026, the Intellectual Property Divisions of the Tokyo District Court (the “TDC IP Division”) published the “Guidelines for Patent Infringement Lawsuits Involving Standard Essential Patents” (the “Guidelines”)[1].  The Guidelines set out important points regarding patent infringement lawsuits involving standard essential patents (“SEPs”; and such lawsuits, “SEP Lawsuits”)[2]. Based on the Guidelines, it appears that the TDC IP Division’s strong intention is for new SEP Lawsuits to be resolved through a settlement-oriented framework centered on the formation of an agreement on licensing royalties under fair, reasonable, and non-discriminatory (“FRAND”) terms for the SEP holder’s entire global SEP portfolio including the SEPs at issue (such licensing royalties, the “Global FRAND Royalty”), and for such agreement on the Global FRAND Royalty to comprehensively resolve all future SEP Lawsuits involving the Global FRAND Royalty filed in Japan. In this regard, the Guidelines will have a significant impact on SEP Lawsuits in Japan and possibly may influence strategies for choosing to commence SEP Lawsuits in Japan. We provide below a flowchart and our comments on the presumed progression of proceedings in a SEP Lawsuit in light of the Guidelines and notable points regarding the Guidelines. View original article here. [Authors] Kenji Tosaki (Partner) Takahiro Hatori (Partner) Yujiro Fukuhara [1] Our unofficial English translation of the Guidelines is provided as an annex to this update for reference purposes only. The Guidelines (in Japanese) are published on the website of the Tokyo District Court (URL: https://www.courts.go.jp/tokyo/saiban/minzi_section29_40_46_47/SEP_tokkyoken_shingai/index_2.html) (last accessed: March 23, 2026). As of March 23, 2026, the Intellectual Property Divisions of the Osaka District Court have not published guidelines for SEP-based patent infringement lawsuits similar to the Guidelines. [2] In the Samsung Electronics Co., Ltd. v. Apple Japan GK case, the Intellectual Property High Court, in its judgment of May 16, 2014, ruled that Samsung, the patent holder, was not entitled to seek an injunction against Apple to stop sales of certain Apple products based on its finding that “Apple Inc. and Apple Japan have a willingness to obtain a license on FRAND terms” and concluded that “the exercise of the injunction right based on the patent right in question constitutes an abuse of rights (Article 1(3) of the Civil Code).” After that decision, there were virtually no court decisions addressing this issue until early 2025. However, on June 23, 2025, in the Pantech v. Google case, the Tokyo District Court issued a judgment (the “Tokyo District Court Judgment”) granting an injunction based on a FRAND-committed SEP for the first time in Japan. For a summary of the Tokyo District Court Judgment and its significance, please see our firm’s newsletter “The Japanese court first judgment to grant an injunction based on a FRAND‑committed SEP” (NO&T IP Law Update No.16 (November, 2025)).

Introduction In recent years, the rapid proliferation of generative AI and cloud services has led to a dramatic increase in demand for data processing. Data centers have increasingly taken on the role of critical infrastructure supporting socio-economic activities, with demand for their development particularly rising in urban areas. At the same time, from the perspective of coexistence with local communities, considerations such as environmental impact and alignment with urban development have become increasingly important in data center projects. In response, the Tokyo Metropolitan Government published the “Guidelines for Data Centers Harmonized with Urban Development” (the “Guidelines”) on March 31, 2026. View original article here. [Authors] Yoshihisa Watanabe, Partner Hiroki Kawaguchi Teruaki Arai

Introduction On January 15, 2026, the Intellectual Property High Court (the “IP High Court”) issued an important judgment in an appeal from a Japan Patent Office (the “JPO”) opposition decision concerning Japanese Patent No. 7,353,441. The patent relates to an active energy curable resin composition, a hard coat laminated film and a glass film for exterior use. The JPO had accepted claim amendments proposed by the patentee, but nevertheless revoked claims 1 to 7, 9 and 10 for lack of inventive step, while maintaining claim 8. The IP High Court annulled that revocation, holding that the JPO had erred in finding a sufficient motivation to combine the cited references. The decision is significant because it shows that, where a primary reference depends on a specific technical parameter, a secondary reference that does not disclose that parameter may not support a finding of lack of inventive step. It may also be seen as illustrating the willingness of Japanese courts to set aside administrative revocation decisions where the technical basis for revoking patent claims in opposition proceedings is insufficient, thereby providing meaningful judicial protection for valid patent rights.   View original article here.   [Author] Masashi Chusho, Partner

Introduction The ongoing volatility in the Middle East, exacerbated by the 2026 blockade of the Strait of Hormuz, has transitioned renewable energy from a long-term target into an immediate national security issue. Floating offshore wind can provide the necessary scale in renewable energy by unlocking the power potential of deeper waters. While traditional fixed bottom offshore wind projects are geographically limited to shallow coastal shelves, floating offshore wind projects can be deployed in deeper waters where wind speeds are significantly higher and more consistent, leading to a higher capacity factor and more reliable electricity generation. Furthermore, by moving projects further offshore, developers can mitigate the common "not in my backyard" (NIMBY) challenges associated with visual landscape intrusion and reduce interference with near-shore activities such as fishing and shipping. Japan has a huge potential for floating offshore wind due to its geography: an archipelago with a narrow continental shelf that drops off rapidly into deep water. Approximately 80% of Japan's offshore wind potential is in deeper waters, where only floating offshore wind is viable. Furthermore, Japan possesses the sixth-largest Exclusive Economic Zone (EEZ) in the world - a maritime territory roughly 12 times larger than its landmass – which is particularly significant following the 2025 legislative expansions allowing its development. Europe, however, is currently the leading region for commercial-scale floating offshore wind projects. Several smaller operational commercial projects have paved the way for a pipeline of large scale commercial projects, including the 3,600 MW Ossian and the combined 1,900 MW Cenos and Green Volt projects in the UK, and the 1,500 MW Utsira Nord project in Norway. To reach the industrial scale required for cost-competitiveness, European governments have played a central role, establishing robust policy and regulatory frameworks that provide the long-term certainty necessary to attract significant private investment and debt finance. View original article here. [Authors] Kiyoshi Honda, Partner Tak Matsuda

Introduction On January 7, 2026, the Subcommittee on Foreign Exchange and Other Transactions of the Council on Customs, Tariff, Foreign Exchange and Other Transactions published its “Report on the Appropriate Framework for the Inward Direct Investment Screening System” (the “Report”). When the Foreign Exchange and Foreign Trade Act (the “FEFTA”) was amended in 2019 (effective May 8, 2020), a supplementary provision was included stipulating that, if deemed necessary in light of how the amended provisions had been implemented in the five years since such amended Act came into effect, such provisions would be reviewed, and appropriate measures taken based on the results of such review. Published five years after the 2019 amendments took effect, the Report examines the framework of the inward direct investment screening system and sets out the direction for its review, from the perspective of balancing two important policy objectives: further promoting inward direct investment that contributes to the sound development of Japan’s economy and ensuring economic security in an environment where the scope of national security considerations increasingly encompasses the economic sphere. This newsletter summarizes the key proposed reforms to the inward direct investment screening system set out in the Report, focusing on those matters with the most significant practical implications for foreign investors.   View original article here. [Author] Oki Osawa (Partner) Mayuko Takamura Tatsuyoshi Kitani

Introduction Based on the instructions issued by Prime Minister Takaichi at the Meeting of Relevant Cabinet Ministers on November 4, 2025, regarding “the appropriate use and management of national land, including the framework for rules on land acquisition,”[1] public comment procedures have been initiated to amend relevant cabinet and ministerial ordinances to introduce mandatory nationality reporting and related requirements in connection with real estate transactions. This article provides an overview of the proposed amendments to related laws and regulations.   View original article here.   [Author] Eiji Miyagi (Partner) [1] Meeting of Relevant Ministers on Accepting Foreign Nationals and Realization of an Orderly Coexistence Society “On Realization of an Orderly Coexistence Society with Foreign Nationals (Prime Minister’s Instruction)” (https://www.kantei.go.jp/jp/singi/gaikokujinzai/kakuryokaigi/dai1/sorishiji.pdf)

Introduction Semiconductors are a critical foundation of the modern economy, evolving from conventional electronic components into indispensable technologies supporting AI, robotics, smartphones, cloud computing, and advanced manufacturing. The global semiconductor market reached USD 630.5 billion in 2024 and is projected to exceed USD 1 trillion by 2030. As digitalization becomes a key source of national power, countries worldwide are pursuing unprecedented policies to secure semiconductor supply chains and technology. The US, through the CHIPS and Science Act, provides subsidies, tax incentives, and export controls targeting China for sensitive semiconductors and advanced manufacturing equipment. China, Europe, and Taiwan have similarly launched large-scale strategic initiatives. Japan has followed this trend by implementing substantial policy measures, including subsidies and other financial support to expand domestic manufacturing capacity under the 2022 Economic Security Promotion Act (“ESPA”), large-scale backing through the NEDO (New Energy and Industrial Technology Development Organization) framework, and funding from the Post-5G Fund to develop advanced semiconductor technologies for post-5G information and communication systems. Learning from past shortcomings - such as insufficient strategic support and underinvestment in R&D, which caused Japan’s global market share to fall from nearly 50% in 1990 to around 10% today - the government has shown a strong commitment to strengthening domestic supply chains and R&D. To enhance domestic capabilities and competitiveness, large-scale programs now address specific “weaknesses” in Japan’s semiconductor industry based on detailed assessments of supply chains and technology. Given such strategic importance, foreign direct investments (“FDIs”) in Japan’s semiconductor industry are increasingly subject to close scrutiny under the Foreign Exchange and Foreign Trade Act (“FEFTA”). While such investments are not categorically prohibited – as illustrated by the acquisition of Kioxia Corporation (formerly Toshiba Memory) by a consortium led by Bain Capital – foreign investors must carefully assess the likelihood of a strict and long duration government review and any potential restrictions on post-investment activities. In doing so, they should consider factors such as their own profile, the strategic importance of the target company, the government’s interest, and the nature of the investment, including the intended level of post-investment management involvement. For investment funds, it is also critical to evaluate any exit-related restrictions, including limits on future buyers, when making investment decisions. Osawa brings extensive experience in the Japanese government, having worked on both FEFTA policymaking and FDI screenings - reviewing over 2,000 investment cases as a regulator – along with broader semiconductor-related policy initiatives. He leverages his dual expertise in M&A and economic security to advise foreign corporations and investment funds. Together with his colleague Takamura, an M&A lawyer experienced in economic security–related cases, they provide an overview of recent trends in Japan’s semiconductor M&A market, highlight key regulatory developments, and offer practical insights for foreign investors navigating this strategic sector. View original article here. [Author] Oki Osawa (Partner) Mayuko Takamura

Introduction In recent years, the international environment surrounding companies has rapidly shifted from an era in which free cross-border economic activity was taken for granted to one in which companies must design their business operations taking into account geo-economic risks. For Japanese companies that may be affected by such changes in the environment, it has become increasingly important to assess developments in economic security policies across jurisdictions and to develop management strategies, together with detailed initiatives based on these strategies, to enhance their autonomy and indispensability. At the same time, many companies express concerns that such initiatives will increase costs in the short term and that it is difficult to determine the appropriate level of compliance. However, corporate efforts to address economic security and enhance autonomy and indispensability, including diversifying procurement sources to ensure supply stability, delivering products and services incorporating robust cybersecurity, or implementing measures to prevent the leakage of critical technical information, represent more than mere risk management. Over the medium- to long- term, these efforts enhance corporate value and create new business opportunities. In light of these developments, on November 20, 2025, the Ministry of Economy, Trade and Industry (METI), following deliberations by the “Study Group on Economic Security Management Guidelines” comprising private-sector experts and other stakeholders, released a draft “Economic Security Management Guideline” (the “Guideline”). The Guideline outlines the principles of which management should be aware and directions for initiatives when companies address economic security. The Guideline is open for public comment until December 26, 2025, after which METI intends to release a finalized version. METI also anticipates that Guidelines will be reviewed and updated on an ongoing basis in response to changes in the international environment, policy trends, and other developments. Since the renewed focus on economic security, driven by factors such as intensifying U.S.-China strategic competition, the expanded use of economic statecraft to exert influence through economic measures, and the COVID-19 pandemic, there has been extensive debate from various standpoints, perspectives, and angles regarding how companies should approach economic security. The Guideline is based on this accumulated body of discussions, and does not substantively introduce new arguments or perspectives. Nevertheless, it has significant value in that METI has distilled the key points of what had previously been somewhat fragmented discussions and presented, in relatively general terms, principles of which management should be aware and directions for initiatives. In this newsletter, attorney-at-law Mr. Osawa, who handles numerous matters related to economic security, together with Mr. Kitani and Ms. Morishita, as well as attorney-at-law Mr. Yuasa, who was involved in developing the Guideline as a member of the aforementioned study group and is familiar with its outline and drafting background, summarize the Guideline’s key points and discuss practical considerations for companies contemplating economic security responses tailored to their specific circumstances. View original article here. [Author] Oki Osawa (Partner) Yu Yuasa Tatsuyoshi Kitani Maya Morishita

Nagashima Ohno & Tsunematsu (“Nagashima”) is pleased to announce its new partners, foreign law partner (*), counsel and foreign law counsel effective as of January 1, 2026, as follows: Partners Tsutomu Kobayashi, Masashi Chusho, Akira Komatsu, Saori Kawai, Kosuke Nakamura, Kei Kajiwara, Daisuke Takagi, Takeshi Nagai, Kayako Tase, Takahiro Hatori, Takahide Fujii, Ryosuke Isaji, Ryota Saito, Yuta Sugie and Naoki Mochizuki Partner (Singapore) Patricia O. Ko Foreign Law Partner (*) Shejal Verma *Please note that we are not engaged in a Gaikokuho Kyodo Jigyo (the operation of a foreign law joint enterprise). Counsel Yoshiteru Matsuzaki, Yoshihiko Sakai, Sotaro Mori, Nozomu Takashima and Mami Sawada Foreign Law Counsel Junjian Wan We will continue to dedicate ourselves to providing high quality legal services to our clients. Your continued support will be greatly appreciated. View original article here.

Introduction On June 4, 2025, Japan amended the Whistleblower Protection Act, further enhancing protections for whistleblowers while strengthening sanctions for violations and expanding administrative enforcement powers. This is the first amendment in five years since the 2020 revision. Notably, the amendment introduces a clause providing that any dismissal or disciplinary action taken within one year following a whistleblowing report shall be presumed to have been taken in response to that report. This change is likely to create significant tension for corporate responses to whistleblowing in Japan and is expected to materially increase the burden on companies in handling such reports. The effective date will be set by Cabinet Order within 18 months from the date of amendment; while this date is not yet fixed, the amendments will take effect no later than sometime in 2026. Compliance and whistleblowing teams in each company should familiarize themselves with the amendments and assess, before the effective date, whether their internal frameworks and practices conform to the revised requirements. This article provides a brief overview of the amendments and practical notes considering them. View original article here. [Author] Tsubasa Watanabe, Partner

Introduction Nagashima provides a wide range of legal services concerning trade transactions, including security export control, economic sanctions compliance, and related matters for Japan, the United States, China, Europe, and other jurisdictions. In addition to inquiries in relation to the Foreign Exchange and Foreign Trade Act (the “FEFTA”), the United States Export Administration Regulations, economic sanctions lists in Japan, the United States, Europe, and the United Kingdom, as well as China’s Export Control Law, and Anti-Foreign Sanctions Law, we have recently seen a marked increase in inquiries regarding customs matters, including import and export clearance procedures, the treatment of price changes after export authorizations, the Authorized Economic Operator (“AEO”) program, and in particular, errors in cases involving misstatements on invoices. In the past, Japanese companies typically addressed these matters through direct consultation with customs authorities and rarely sought advice from law firms. However, more recently, enforcement actions and regulatory scrutiny have intensified not only under the FEFTA, but also under other import- and export-related laws, including the Customs Act and the Export and Import Transactions Act. Accordingly, particularly for cases involving errors, an increasing number of Japanese companies wish to avoid enforcement measures that may be disproportionately severe relative to the nature and circumstances of the case. Therefore, we are seeing more companies seek ongoing advice from law firms serving as their advisors to safeguard their interests and to handle these matters more cautiously than in the past. In this newsletter, we will discuss typical customs-related errors cases in respect of which we are frequently consulted, with a particular focus on the legal risks to exporters when there are errors in the price or country of origin on invoices at the time of cargo export. View original article here. [Author] Oki Osawa, Partner

Introduction By the end of 2026, Japan will implement a series of significant amendments to labor and occupational health and safety regulations, reflecting a growing emphasis on workplace safety. These changes, driven by forthcoming guidelines from the Ministry of Health, Labour and Welfare (MHLW), will require employers to adopt new compliance measures across a range of areas, including prevention of customer harassment, support for work-life balance, prevention of sexual harassment, gender pay gap transparency, and occupational health and safety for various worker categories. In this newsletter, we outline key legal developments and employer compliance obligations. View original article here. [Author] Eriko Ogata, Partner

We are pleased to announce that on November 13, 2025, Nagashima Ohno & Tsunematsu (Nagashima) hosted a reception and seminar at the Palace Hotel Tokyo in commemoration of the firm’s 25th anniversary. At the reception, Managing Partner Soichiro Fujiwara delivered opening remarks on the firm’s founding philosophy, which has remained unchanged since our establishment, and introduced our newly redesigned brand logo. Since our establishment, we have been committed to the fundamental principle of “providing the highest quality legal services covering all legal issues arising from any business activity through the collaboration of multiple lawyers.” Thanks to the support and trust of our clients, we have achieved growth and expanded our scale and presence. We would like to express our sincere appreciation to all clients, colleagues, and friends who have supported the firm over the past 25 years. We will continue to provide comprehensive support to remain, at all times, “Your Most Trusted Partner” for all our clients. View original article here.

Tomomi Hioki joined Nagashima Ohno & Tsunematsu as a Partner on November 1, 2025. Ms. Hioki has extensive experience in regulatory compliance practices involving data privacy, information and communications technology (ICT), as well as artificial intelligence (AI). She was responsible for drafting and preparing the implementation of the 2015 amendment to the Personal Information Protection Act while serving at the Cabinet Secretariat’s Office for IT Strategy and the Personal Information Protection Commission Secretariat. Ms. Hioki has also served as a trustee for the GovTech Tokyo Foundation, a policy coordination organisation for the Tokyo Metropolitan Government, and as a member of various advisory committees for the Ministry of Health, Labour and Welfare, the National Tax Agency, and other government agencies, where she has been actively involved in research and discussions on legal frameworks related to data and ICT. With the addition of Ms. Hioki, we will strengthen our expertise in Data Protection and Privacy and Technology and strive to provide the highest quality of legal services to meet our clients’ business needs. View original article here.

Takahiro Saito, a former Superintending Prosecutor, Tokyo High Public Prosecutors Office, joined Nagashima Ohno & Tsunematsu as a special advisor on November 4, 2025. Mr. Saito brings more than 35 years of distinguished experience as a public prosecutor. He has held senior leadership positions, including Director of the Special Investigation Department, Tokyo District Public Prosecutors Office; Director, Criminal Affairs Department, Supreme Public Prosecutors Office; Chief Prosecutor and Deputy Prosecutor-General, Yokohama District Public Prosecutors Office; and Superintending Prosecutor, Tokyo High Public Prosecutors Office. While serving as Chief Prosecutor of the Special Investigation Department, Mr. Saito directed major investigations, including the Livedoor (as it was then known) accounting fraud case and the Murakami Fund insider trading case. He also served on secondment to Japan’s Securities and Exchange Surveillance Commission. Mr. Saito also played a key role in the development and introduction of Japan’s version of the “plea bargaining system” and contributed significantly to prosecutorial reform initiatives. In 2024, he was appointed to the Ministry of Justice’s Legislative Council. As a special advisor, Mr. Saito will leverage his considerable experience and expertise in investigating corporate crime, tax evasion, securities trading-related crime, and other matters, focusing on corporate governance, crisis management, and compliance. We are confident that the addition of Mr. Saito as a special advisor will strengthen our already well-established crisis management and corporate governance practices. View original article here.

We are pleased to announce that Nagashima Ohno & Tsunematsu has renewed its brand logo. The world around us continues to change at an unprecedented pace. However, regardless of these changes, we believe certain values and principles must remain constant. To mark our 25th anniversary, we have renewed our logo to reflect both our commitment to the next quarter-century and our enduring core philosophy. Our new logo embodies this message: “Steadfast commitment to our core philosophy.” It features an unwavering axis inspired by the concept of “True North (the Earth’s axis),” a constant guiding principle that always points due north. The logo’s indigo color, commonly referred to as “Japan Blue,” reflects the Japanese aesthetic principles of serenity, rationality, and dignity. This renewal represents our strong determination to remain Your Most Trusted Partner, a firm committed to identifying what matters most to clients’ business activities and providing sound advice that meets the highest professional standards, particularly in times of rapid change. Guided by our unwavering core philosophy of providing the highest-quality legal services through close collaboration among our lawyers across the full spectrum of legal issues arising from corporate activities, we will continue to support our clients in all aspects of their business needs. View original article here.  

I. Introduction The Act on Contracts for Security Interest by Assignment and Retention of Title (the "Act"), enacted on May 30, 2025, and promulgated on June 6, 2025, is expected to take effect by 2027 (within two years and six months from its promulgation date). The Act introduces significant changes to the legal framework for “security interests by assignment” (jou-to tanpo) over movables and receivables in Japan. This newsletter highlights three key aspects of the Act that are anticipated to substantially impact practice: (1) the express recognition of the ability to create subordinate (junior) security interests by assignment; (2) the new rule subordinating perfection by constructive transfer with retention of possession (sen-yu kaitei; hereinafter “Constructive Transfer”) to other methods; and (3) a transitional measure that preserves the priority of pre-enactment Constructive Transfer. View original article here. Author: Ryuji Oka, Partner +81-3-6889-7266  [email protected] Ryuji Oka is a partner at Nagashima Ohno & Tsunematsu. He has extensive experience in handling acquisition finance transactions. He has been heavily involved in numerous restructuring and insolvency transactions, particularly in distressed finance and debtor-in-possession (DIP) financing, while handling a wide range of corporate legal matters, with a focus on finance transactions. More recently, he has expanded his practice to cover emerging sectors such as agriculture, forestry, and fisheries.  

Introduction On July 22, 2025, the Tokyo Stock Exchange (the “TSE”) introduced revisions to its Code of Corporate Conduct with respect to management buyouts (“MBOs”) and controlling shareholder buyouts (the “Code”) to strengthen fairness and transparency in such transactions. These changes impose enhanced disclosure obligations and procedural safeguards aimed at protecting minority shareholders in deals where company insiders or controlling shareholders seek to take a listed company private. This newsletter provides the context and motivations behind the revisions, as well as an overview of the revised Code. View original article here. Author: Yusei Uji, Partner [email protected] Yusei Uji is a corporate partner at Nagashima Ohno & Tsunematsu. He provides a wide range of legal advice primarily focused on M&A, corporate reorganizations, private equity investments, and corporate governance. With extensive experience in cross-border transactions, he handles M&A deals involving companies in the United States, Europe, and various Asian countries.  

Katsuya Uga, a former Justice of the Supreme Court of Japan and Professor Emeritus, the University of Tokyo, joined Nagashima Ohno & Tsunematsu as a special advisor on September 1, 2025. Dr. Uga served as a professor at the Graduate Schools for Law and Politics, University of Tokyo, for 25 years beginning in 1994. In February 2019, he was appointed as a Justice of the Supreme Court of Japan and served in that capacity until July 2025. With the addition of Dr. Uga, we are committed to providing the highest quality of legal services to meet our clients’ business needs. View original article here.

Nagashima Ohno & Tsunematsu is pleased to announce that it commenced operations at its London office on 11 August 2025. Kiyoshi Honda, who heads the London office, brings extensive experience in handling cross-border transactions in the U.K. and continental Europe, with particular expertise in renewable energy, environmental law, and real estate, after earning his LL.M. at University College London Faculty of Laws. In addition, Tak Matsuda, who has practiced at leading U.K. law firms and is currently practicing as a Solicitor at his own firm, will serve as a special advisor to our London office. By collaborating closely with our Tokyo-based European Practice Group and leveraging our extensive network of leading law firms in the U.K. and across continental Europe, we are well-positioned to provide comprehensive, timely legal advice, tailored to our clients’ various needs, based on the latest local market developments and regulatory changes. View original article here

On July 18, 2025, Nagashima Ohno & Tsunematsu (NO&T) hosted a reception in Hanoi City to celebrate the 10th anniversary of the opening of its Hanoi office. The event was attended by distinguished guests, including His Excellency Mr. Naoki Ito, Ambassador Extraordinary and Plenipotentiary of Japan to the Socialist Republic of Vietnam, as well as representatives from Japanese and local companies. NO&T was represented by lawyers from our Hanoi office together with lawyers from our Tokyo office and other offices and locations in Asia. Since its establishment in April 2015, our Hanoi office has steadily expanded its operations and team size. We provide one-stop legal services for Japanese companies’ investment projects in Vietnam, M&A and real estate development projects in Vietnam, and dispute resolution through the collaboration of Vietnamese lawyers with expertise in local law and Japanese lawyers based in Vietnam who are well-versed in Japanese corporate culture and international transactions. Looking ahead, our Vietnam offices remain committed to supporting our clients’ business development with greater efficiency and responsiveness. Our team of Vietnam-based lawyers are well-positioned to provide direct, local legal services, in collaboration with our Tokyo office and other offices and locations in Asia, and to support our clients’ evolving needs through tailored legal services. View original article here.

I. Introduction The digitalization of civil litigation procedures in Japan began with the introduction of teleconferencing and video conferencing systems under the 2010 amendment of the Code of Civil Procedure. The use of teleconference had become widely adopted, enabling parties or their representatives located far from the courts to participate in preparatory proceedings to arrange issues and evidence. However, many aspects of civil litigation in Japan have yet to be modernized. For instance: ･　as a general requirement, paper documents must be lodged in order to file a lawsuit; ･　parties and their representatives are required to physically attend dates for oral arguments; and ･　court records are kept in paper form and people who wish to inspect the records are required to visit the courthouse. These days, where information and communication technology has advanced significantly, the digitalization of civil litigation is being promoted to make civil litigation more efficient and accessible to parties. This article provides an overview of the recent changes relating to the digitalization of civil litigation in Japan that are being introduced through the enactment of further amendments to the Code of Civil Procedure. [1] View original article here. Author: Hiroki Tajima, Partner [1] The amended Code of Civil Procedure has already been promulgated and will come into effect from the date specified by a Cabinet Order, which must occur by May 24, 2026. Certain of these changes have already come into effect, as noted in this article.  

I. Introduction Crowdfunding is a method of raising money to finance projects and businesses that enables fundraisers to collect money from a large number of people via online platforms. There exists a variety of crowdfunding platforms serving industries like technology, the arts, and social causes, as well as real estate. Although there are several types of crowdfunding for investment in the real estate sector (e.g., donation, lending and others), this article focuses on regulations governing equity-based real estate crowdfunding in Japan, focusing on the Act on Specified Joint Real Estate Venture. View original article here. Author: Takehito Matsumoto, Partner

On February 20, 2025, Nagashima Ohno & Tsunematsu (NO&T) hosted a reception in Shanghai to celebrate the 10th anniversary of the opening of its Shanghai office. The event was attended by many distinguished guests, including Mr. Masaru Okada, Consul-General, Consulate-General of Japan in Shanghai, Mr. Wanquan Shao, President of the Shanghai Bar Association, as well as representatives from both Japanese and Chinese authorities and companies. Lawyers and advisors from our Shanghai office together with lawyers from our Tokyo office and other offices and locations in Asia also attended the event. Since its establishment in November 2014, our Shanghai office has steadily expanded its capabilities, providing Japanese companies in China with legal services tailored to their needs in mergers and acquisitions, corporate restructuring, dispute resolution, compliance, and finance. Concurrently, we have also been providing legal services to Chinese companies in connection with their investments in Japan and cross-border transactions and business relationships with Japanese companies. As we express our gratitude for your support over the past decade, we remain committed to enhancing our legal services in the future by leveraging our firm’s expertise across practice groups in our Tokyo office and other offices and locations, as well as by collaborating with local counsel and advisors in various fields. We aim to assist Japanese and Chinese companies navigate the increasingly complex international business environment and capitalize on significant opportunities presented by the evolving Japan-China business relationship. View original article here.

On May 21, 2025, Nagashima Ohno & Tsunematsu (NO&T) hosted a reception in Tokyo to celebrate the opening of our London office and NO&T Europe Week. The reception was attended by many distinguished guests, including representatives from companies engaged in business activities across Europe. NO&T was represented by lawyers from our Tokyo office, including lawyers from our European Practice Group. In connection with the reception, we also held NO&T Europe Week, a three-day program featuring seminars with presentations by members of our European Practice Group, including Kiyoshi Honda, who will serve as head of our London office, and the authors of “Business EU Law”. The seminars provided a comprehensive overview of a wide range of legal considerations for Japanese companies operating in Europe, including regulations related to the green and sustainability sectors in Europe, recent developments in M&A practice, AI and digital regulations, and data protection regulations. Last year, NO&T decided to establish Nagashima Ohno & Tsunematsu UK Ltd. in London, marking our first permanent presence in Europe. Our London office will commence operations upon completion of the administrative procedures currently underway. In collaboration with our European Practice Group, our London office will provide legal services directly and locally, and support our clients’ diverse business activities with responsive and well-informed legal solutions. View original article here.

Introduction On March 19, 2025, the Grand Panel of the Intellectual Property High Court (the “IPHC”) rendered their judgment in a patent infringement case. The court reversed a Tokyo District Court’s judgment and found that the defendant had infringed the plaintiff’s patent. This case represents the 16th Grand Panel judgment of the IPHC[1] and was subject to a proceeding calling for third-party opinions (Japanese procedure allowing for non-party submissions of briefs similar to amicus curiae briefs)[2]. This newsletter provides an overview and explains the significance of this judgment based on the text of the judgment published on the official website of the IPHC. View original article here. [Authors] Kenji Tosaki (Partner) Masato Kumeuchi (Partner) Soichiro Unami   [1] A Grand Panel judgment is not a judgment relating to a single case; rather, several judgments/decisions relating to several cases addressing the same legal issues were rendered by the Grand Panel of the IPHC on the same day. By counting such group of judgments/decisions collectively as one Grand Panel judgment, this case is recognized as the 16th Grand Panel judgment issued. [2] A proceeding calling for third-party opinions (set out in Article 105(2-11) of the Patent Act) was introduced by the 2021 amendment to the Patent Act. This case is the second case in which third-party opinions were solicited by way of this proceeding. For information on the first case where third-party opinions were solicited, please refer to our NO&T IP Law Update No.1,  “Judgment rendered by the Grand Panel of the Intellectual Property High Court on May 26, 2023, regarding the Principle of Territoriality” (June 2023) and No.10, “Patents: – The Principle of Territoriality: Two Notable Judgments of the Supreme Court of Japan rendered on March 3, 2025” (March 2025).

NEW JUDGMENTS – Principle of Territoriality and Infringement of Japanese Patent Rights regarding “Network-Related Inventions” 1.          Summary The Supreme Court of Japan rendered two unprecedented judgments on March 3, 2025, addressing the application of the principle of territoriality of patents to cross-border activities. In short, the Supreme Court ruled for the first time in its history that cross-border activities, including the use of servers located outside Japan, can constitute the “implementation” of a patented invention and therefore an infringement of a Japanese patent right. In this newsletter, we explain these judgments and provide our summary commentary on them. View original article here. [Authors] Kenji Tosaki (Partner) Takahiro Hatori Nozomi Kato  

Introduction As reported in NO&T IP Law Update No.8, on October 28, 2024, the Tokyo District Court issued a decision in a case involving a biosimilar manufacturer seeking a preliminary injunction against a patent holder (Samsung Bioepis Co. Ltd. v. Bayer HealthCare LLC. (Case Number: 2024 (Yo) 30029), hereinafter referred to as the “Bayer Case”). This decision is notable in that it addressed, for the first time, whether a statement concerning a potential infringement made by a patent holder to the Ministry of Health, Labour and Welfare (the “MHLW”), under the patent linkage system[1] may constitute “unfair competition” as defined in the Unfair Competition Prevention Act (the “UCPA”). Following the Bayer Case decision, this same issue was addressed in another Tokyo District Court decision, issued on December 16, 2024, in a preliminary injunction case brought by the same biosimilar manufacturer (i.e., Samsung Bioepis Co., Ltd.; hereinafter referred to as the “Claimant”) against a pharmaceutical product patent holder (i.e., Regeneron Pharmaceuticals, Inc.; hereinafter referred to as “Regeneron”) (Case Number: 2024 (Yo) 30028, hereinafter referred to as the “Regeneron Case”). What is noteworthy about the Regeneron Case decision is that the court dismissed the preliminary injunction application upon consideration of different criteria from those considered in the Bayer Case. In this newsletter, we provide an overview of the Tokyo District Court’s ruling in the Regeneron Case and provide our summary commentary in relation to this decision. View original article here. [Authors] Kenji Tosaki (Partner) Nozomi Kato   [1] For information regarding the patent linkage system in Japan, please refer to our NO&T IP Law Update No.8, “Recent Court Decision on (i) Scope of Medicinal Use Invention and (ii) Patent Linkage” (February, 2025).

Nagashima Ohno & Tsunematsu (“NO&T”) is pleased to announce its new partners and counsel as of January 1, 2025, as follows: Partners Yoichi Maekawa, Takehito Matsumoto, Hiroki Tajima, Yusei Uji, Ryuji Oka, Tsubasa Watanabe and Oki Osawa Counsel Yukiko Konno, Hiroaki Tsubaki, Akira Komatsu, Teruyoshi Takahashi, Takeshi Hayakawa, Emi Fujisaki, Saori Kawai and Ryuhei Itaya We will continue to dedicate ourselves to providing high quality legal services to our clients. Your continued support will be greatly appreciated. View original article here.

Nagashima Ohno & Tsunematsu (Location: Chiyoda-ku, Tokyo; Managing Partner: Soichiro Fujiwara; “NO&T”) established NO&T Data Lab Co., Ltd. (“NO&T Data Lab”) in November 2024. This entity was established to provide enhanced advisory services in the fields of governance and compliance by integrating insights from related disciplines such as economics, business management, psychology, and data analysis. NO&T Data Lab will also support corporate initiatives aimed at organizational culture reform and evaluating the effectiveness of related measures. In December 2024, NO&T also entered into a comprehensive collaboration agreement with the Center for Interdisciplinary Studies of Law and Policy at the Graduate School of Law, Kyoto University, which shares NO&T Data Lab’s commitment to cutting-edge initiatives. The agreement covers joint research and related cooperative activities. In order to commemorate the establishment of NO&T Data Lab and the conclusion of the collaboration agreement, we are pleased to announce that we will hold a symposium, as detailed below.   View original article here.

On November 6, 2024, Nagashima Ohno & Tsunematsu (NO&T) hosted a reception in Bangkok to celebrate the 10th anniversary of the opening of its Bangkok office. The event was attended by distinguished guests, including Mr. Masato Otaka, Ambassador Extraordinary and Plenipotentiary of Japan to the Kingdom of Thailand, and representatives from Japanese and local companies. NO&T was represented by lawyers from our Bangkok office together with lawyers from our Tokyo office and other overseas offices and locations. Moving forward, our Bangkok office will continue to expand our range of services to provide comprehensive, one-stop solutions, supporting our clients’ business development more efficiently and promptly. Our Bangkok-based lawyers are well-positioned to provide legal services directly and locally, in collaboration with our Tokyo office and other offices and locations in Asia, and to support our clients with responsive and tailored legal services. View original article here.  

On November 8, 2024, Nagashima Ohno & Tsunematsu (NO&T) hosted a reception in Ho Chi Minh City (HCMC) to celebrate the 10th anniversary of the opening of its HCMC office. The event was attended by distinguished guests, including Mr. Masuo Ono, Consul-General, Consulate-General of Japan in Ho Chi Minh City, and representatives from Japanese and local companies. NO&T was represented by lawyers from our HCMC office together with lawyers from our Tokyo office and other offices and locations in Asia. Since its establishment in June 2014, our HCMC office has steadily expanded its operations and team size. Specializing in corporate legal services, primarily focusing on mergers and acquisitions as well as real estate and infrastructure development projects, it has grown to become one of the largest law firms in Vietnam. Moving forward, our HCMC office will continue to expand our range of services to provide comprehensive, one-stop solutions with the aim of supporting our clients’ business development more efficiently and promptly. Our HCMC-based lawyers are well-positioned to provide legal services directly and locally, in collaboration with our Tokyo office and other offices and locations in Asia, and to support our clients with responsive and tailored legal services. View original article here.  

Nagashima Ohno & Tsunematsu is pleased to announce the establishment of its new office in London, its first permanent presence in Europe. The office is slated to open in January 2025. Our London office will be headed by Kiyoshi Honda, a member of NO&T’s Infrastructure, Energy & Environment and Real Estate practice teams. Mr. Honda has extensive experience in energy projects, including renewable energy, environmental law-related matters, real estate transactions, and outbound transactions involving the U.K. and continental Europe. He will serve as the Representative of our London office and is expected to relocate to the U.K. around late November 2024 and commence his role at the London office in January 2025. In addition to the opening of our presence in London, we have also significantly expanded our European Practice Group, which now comprises more than ten partners from various practice areas and with extensive experience in Europe-related business. Our European Practice Group covers a broad range of focus areas and is a centerpiece of the firm’s international strategy. Our London office will be working in close collaboration with the members of our European Practice Group in Tokyo and our network of leading law firms in the U.K. and across the European continent. As a local contact point within the European time zone, our presence in London will be an invaluable addition to our practice, enhancing the quality and scope of the services we offer to the next level. Further details regarding the official opening date, address, and other information concerning our London office will be announced in due course.   View original article here.  

Hitoshi Sumisawa (former Commissioner of Japan’s National Tax Agency) joined Nagashima Ohno & Tsunematsu as a special advisor on October 16, 2024. Mr. Sumisawa began his distinguished career at the Ministry of Finance in 1988. Over his 30-year tenure with the Ministry of Finance and the National Tax Agency, Mr. Sumisawa was mainly involved in tax planning policy and taxation practice. He served in key positions including Director-General of the Main Taxation Bureau and Commissioner of the National Tax Agency, after serving as Director-General and Deputy Commissioner of the Main Taxation Bureau. With this extensive experience, Mr. Sumisawa brings in-depth knowledge and expertise in both tax planning policy formulation and its practical implication. He has also built an extensive network of relationships within taxation authorities. With the addition of Mr. Sumisawa, we will further strengthen our established tax practice.   View original article here.  

Yoshihiro (Yoshi) Takatori joined Nagashima Ohno & Tsunematsu as a Special Advisor on September 1, 2024. Mr. Takatori brings extensive expertise and practical experience in international dispute resolution, including cross-border litigation, arbitration, and mediation. He is one of the few Japanese practitioners to hold the distinguished qualification of Fellow of the Chartered Institute of Arbitrators (F.C.I.Arb.). With the addition of Mr. Takatori, we will strengthen our international arbitration/mediation and cross-border litigation practices, and we are committed to providing the highest quality of legal services to meet our clients’ business needs. View original article here.