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posted 3 years ago
Japan plans to open a synergistic court this October—the Business Court. The new Business Court, a little further away from Tokyo Station (Nakameguro), is to house the IP High Court and intellectual property matters with other business-related legal courts together with a higher-tech and better-rounded specialist staff.
One major aim is the improvement of legal conflict experiences for foreign patent holders and businesses.[1] The Sankei Shimbun paper article notes that Japan is not rated very highly as a business environment compared to other countries (18 out of 36 OECD nations). In Japan, M&A and other business conflicts generally were solved out of court in private discussion (open conflict is often avoided in Japan), but that does not fit well with many Western cultures.[2]
It is no surprise that many international parties tend to see the Japanese way of courts and out-of-court dealings as opaque and inefficient compared with how disputes are handled in many Western nations. Thus, part of the Business Court’s aim is to help foreigners as well as Japanese get speedier and more reliable outcomes from business and intellectual property conflicts.[2]
The change does not institute new court branches, but the Business Court does bring together various possibly interrelated business courts, patent attorneys, certified accountants, and other specialized counsel, as well as much IT-enabled efficiency, under one roof.[1] We hope this provides a more reliable, fast environment for IP-related problems our colleagues may face.
The scheduled openings for the various sections of the Business Court are
– October 11, 2022: IP High Court
– October 17, 2022: Tokyo District Court’s Business and Intellectual Property courts
– October 24, 2022: Tokyo District Court’s Bankruptcy courts[1]
* The information provided on this website is for informational purposes only and is not intended as legal advice.
** For questions or consultation, please contact us for more information.
Contact: Taro Yaguchi
[1] NHK (Japan Broadcasting Corporation). “ビジネス分野に特化した裁判所「ビジネス・コート」初開設へ [First ‘Business Court’ specializing in business fields to open].” https://www3.nhk.or.jp/shutoken-news/20220820/1000083893.html NHK News Web. August 20, 2022. Accessed August 25, 2022.
[2] Matsusaki Tsubasa. “国内初の「ビジネス裁判所」 １０月運用開始 審理迅速に
[Japan’s first ‘business court’ to start operations in October, make decisions more speedily].” https://www.sankei.com/article/20220820-EKNQGSHLEVIB7F5TQVHOTNSYIA/ Sankei Shimbun. August 20, 2022. Accessed August 25, 2022.
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