The 1990s were a time when the “war on drugs” intensified in the United States. All federal courts were busy handling drug-related cases. Since criminal cases had priority, it was difficult for judges to handle civil cases like patent litigation. Therefore, companies with patent litigation had to find places where there was a relatively low […]

Patent warranty clauses and indemnification clauses are often stipulated in basic sales agreements. In this case, one of the points of contention was a breach of obligations like the patent warranty clause in a basic sales agreement. In this paper, we will focus on this point. Summary of the case According to the judgment, the […]

Japan is a country where cannabis products are strictly prohibited. The Trademark Office grants trademark protection for CBD (or cannabidiol) and you can apply for a trademark, but you may be refused. Such trademark applications can be deemed to violate public order and morals. But generally speaking, the Japanese patent office tends to grant thetrademark […]

The biggest challenge clients will face in Japan is that cannabis is strictly regulated as a type of a narcotic in Japan. The only cannabis products that you can commercialise here is THC-free CBD products extracted and manufactured from mature cannabis stems or seeds. Actually, the Japanese government is publishing products in which THC is […]

In Japan there has to be a discussion around cannabis for medicinal purposes. Clients need to know more aboutthis. At the moment, the Japanese Ministry of Health, Labour and Welfare is increasingly likely to change its guidance adding cannabis-based products to its banned lists for non-pharmaceutical products including health food and cosmetic. For instance, changing […]

It is understood that as transactions with foreign companies increase, so do cases of dealing with trials at foreign courts. However, the decisions of foreign courts cannot be enforced in Japan as they are, and certain requirements must be met. Therefore, we will briefly explain the enforcement of decisions of foreign courts in Japan this […]

One of the parties, namely the defendant, may file for bankruptcy during the proceedings. For example, when a lawsuit is filed to recover debt, the defendant, being the debtor, might file for bankruptcy. If the defendant goes bankrupt during the proceedings, the progression of the proceedings will differ depending on what is being disputed in […]

There are many situations in which companies should consider concluding a non-disclosure agreement (NDA), such as when various transactions and information sharing therefor at the preparatory stage is planned. The following describes some basic things that must be kept in mind when preparing and considering an NDA. Scope of confidential information NDAs usually demarcate the […]