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Practice

Intellectual Property Litigation

Our firm offers a high level of expertise not only in infringement dispute management in relation to industrial property rights such as patents, utility models, trademarks, and designs as well as copyright, unfair competition prevention laws, (including trade secret protection), but also with respect to Patent Office examination proceedings and cancellation trials arising from infringement disputes. We have a proven track record of success in cases such as reasonable remuneration suits arising from workplace inventions and involving complex case management issues, and, aside from litigation, we have also handled a vast range of intellectual property dispute cases such as arbitrations and border regulation cases.

In our handling of each case we assemble a highly skilled team which, in close consultation with the client, organically draws together the specialist knowledge and experience of overseas scholarship and foundations in science to deliver legal services of the highest quality.

Our firm has particularly rich experience in international IP disputes, and the firm’s Principal, Haruo Okada, has a proven record of experience and success in achieving comprehensive wins in U.S. jury trials. We have also many years of experience in management of discovery procedures, the source of major headaches for Japanese corporations when they become embroiled as defendants in U.S. litigation.

It is our policy in international IP infringement disputes not to entrust the entire management of the case to a partner firm in the local jurisdiction but rather to act as far as necessary in the role of a control centre, thereby enabling us to achieve the absolutely best results for the client. With the increase in recent years of IP disputes in China and more broadly in the Asian region, we have developed the capacity to respond swiftly to handle these cases with the close support of our partner firms in the Asian region.

Needless to say, we also have a history of success in providing written expert opinions on infringement and invalidation with respect to industrial property rights.

IP-Related Transactions

Our firm has a strong record of experience and success in legal drafting of license agreements, comprehensive technical transfer agreements, standardization, creation of industry-university corporation, etc. that capitalize on the features of each variety of intellectual property, as well as provision of general advice and contractual negotiation. Our policy to pursue “The Answer” applies equally to the review of each legal agreement, which we analyse not only from a legal viewpoint but also with a business focus so as to provide clients with the best agreements to suit their needs. As many of our lawyers have had overseas study experience, we are able to respond swiftly and appropriately, from the drafting stage and beyond, in the handling of contracts involving international intellectual property rights.

International Transactions

Our firm has a proven record of success in handling of international transactions, including the English-language drafting and review of international sale and purchase contracts, continuous supply agreements, license agreements, and agency agreements, etc.

In our drafting and review of contracts we combine a precise legal analysis deriving from our deep knowledge and experience as liaison counsel, with a commercial focus that is grounded in such legal inquiry. We are also well versed in specialist areas requiring high-level expert knowledge of fields such as IP, machinery, materials, chemistry, energy and information technology.

We offer expert legal services in English and Chinese languages and, primarily through the connections of our firm’s attorneys holding U.S. legal qualifications and those with overseas study experience, we have built a worldwide network of partner firms, including in the U.S., China, Korea and Australia.

International Litigation

We are very experienced in handling international litigation, primarily in IP suits. Our particular strength is in providing legal support and advice to Japanese corporations that become party to litigation in the U.S. and, based on our rich experience of such matters, we are able to promptly and precisely support and advise clients with all aspects, including the formulation of a strategic litigation plan, mobilisation of a litigation team jointly with foreign representative attorneys, response to discovery and deposition procedures as well as jury trials.

Responding to the increase in recent years in the number of international litigation cases outside of the U.S., in countries such as China and Korea, we have experience acting as representative counsel in many international disputes in the Asian region.

International arbitration is often the preferred means of dispute resolution in international disputes and, led by the firm’s principal, Haruo Okada, many of our firm’s attorneys have a wealth of experience in arbitral proceedings and are well placed to provide high quality legal advice in this area.

Corporate Legal Affairs

Not only with respect to disputes involving IP and international transactions but also in relation to the full range of commercial legal affairs arising from corporate activities, we provide comprehensive advice with a focus on business, and the full range of legal services, including formulation of various contractual schemes and conduct of strategic contractual drafting and negotiations to implement such schemes.

Our services also include review of basic transactional agreements, distributorship agreements, JV agreements, franchise agreements, sale and purchase agreements, lease agreements, manufacturing consignment agreements, formulation of contract negotiation strategy and guidance in relation to general shareholders meetings, etc.

Our firm is especially proficient in large-scale litigation cases and negotiations and we have a proven record of success in this area, including (for example) disputes relating to pollution/environment, technology (e.g. defective products), real estate (sale and purchase, leasehold), and contracts (franchise, agency, etc.).

Product Liability

A wrong move in the early stages of a product liability dispute can have significant adverse consequences especially if the matter proceeds to litigation. Our firm has handled many cases involving product liability and is able to provide the right advice on all aspects, including clarification of the root cause of the product defect, preservation and gathering of evidence as well as mass media response.

We have also a wealth of experience in representing clients in damages suits based on product defect. In cooperation with technical experts, we can work to thoroughly analyse and investigate the technical aspects of each case, evaluate the results of such analysis from a legal viewpoint and construct a legal theory that will be sufficiently persuasive even if the matter goes to court. In this way, we are able to provide the best advice that serves the client’s best interests.

M&A

Our firm handles a range of M&A cases, from large-scale to medium-to-small scale. To provide prompt and high-quality M&A legal services, we assemble a skilled team to construct a strategic scheme, and conduct legal due diligence, contract drafting and negotiation based on the close cooperation with certified public accountants and licensed tax accountants. We are able to utilize the specialist skills of our firm’s attorneys particularly in cases of M&A involving intellectual property, in which our clients hold our services in especially high regard.

Antitrust Laws

Antitrust cases require special consideration because they present not only explicit issues of antitrust law but give rise to other related potential problems. Our firm provides legal services that are bespoke to antitrust law cases in their various manifestations and at various stages, from specific problems of antitrust law to other related issues such as those surrounding the conclusion of a contractual agreement.

Drawing on our proven record of experience and excellence, we also hold presentations/lectures/seminars to respond to individual needs of our various corporate clients, thereby providing preventative legal advice that equips our clients to guard against infringement of antitrust laws.

Insolvency Laws

In insolvency matters, it is our practice to seek instruction from the client about the root cause of their dire financial straits and, working with certified public accountants, taxation agents and other professionals where necessary, we properly ascertain the potential for business reconstruction, and select the most appropriate option, from private arrangement (negotiation with financial creditors) to legal insolvency procedures (bankruptcy, civil reconstruction) and implement the process in a way that is fairest and most transparent for all stakeholders.

Our firm includes attorneys that have a wealth of experience in bankruptcy/reconstruction cases not only involving corporate entities (including individual traders) but also individual (consumers).

Crisis Management

In an environment of heightened compliance consciousness, the degree of corporate readiness for incidents and accidents as well as corporate scandal has become a big influence on corporate value. We have proven experience and results in the management of such crisis or scandal and, drawing on our accumulated knowhow, we are able to provide comprehensive advice on formulation and compliance systems for the advance prevention of corporate misconduct issues as well as support to enable prompt and agile response (including in relation to mass media) once problems arise.

Individual Legal Advice

In addition to corporate legal affairs, we also provide legal support of individuals in a range of domestic matters, including those involving marital relationships such as divorce, etc, drafting of wills, division of estate, inherence and succession, various disputes involving family law and so on. We work hard to provide the best advice in the best interests of the client and are experienced in negotiation and representation of clients in court. Additionally, we advise on legal problems relating to adult guardianship.

Criminal Matters

We also handle criminal defence matters, whether in the pre-indictment investigative stages or post-indictment public trial stages, and work always to serve the best interests of our client. We also conduct attendant activities relating to juvenile matters.