CONTENTS
CONTACT

HARAKENZO
WORLD PATENT & TRADEMARK


OSAKA
HEAD OFFICE

DAIWA MINAMIMORIMACHI BLDG.,
2-6, 2-CHOME-KITA, TENJINBASHI,
KITA-KU,OSAKA 530-0041 JAPAN
TEL:+81-6-6351-4384
(Main Number)
FAX:+81-6-6351-5664
(Main Number)
E-Mail:

TOKYO
HEAD OFFICE

WORLD TRADE CENTER BUILDING SOUTH TOWER 29F,
2-4-1, HAMAMATSU- CHO, MINATO-KU,
TOKYO 105-5129,JAPAN
TEL:+81-3-3433-5810
(Main Number)
FAX:+81-3-3433-5281
(Main Number)
E-Mail:


HIROSHIMA
OFFICE

NOMURA REAL ESTATE HIROSHIMA BLDG. 4 F, 2-23 TATEMACHI, NAKA-KU, HIROSHIMA CITY, HIROSHIMA 730-0032, JAPAN
TEL:+81-82-545-3680
(Main Number)
FAX:+81-82-243-4130
(Main Number)
E-Mail:

Opened on
March.1.2018

NAGOYA
OFFICE

GLOBAL GATE 9F, 4-60-12 HIRAIKE-CHO, NAKAMURA-KU, NAGOYA-SHI, AICHI 453-6109, JAPAN
TEL:+81-52-589-2581
(Main Number)
FAX:+81-52-589-2582
(Main Number)
E-Mail:


In the background of the HARAKENZO trademark is a global map wherein countries/regions are sized according to the number of patents registered there in 1991.

Privacy policy


Copyright Support Station
Copyright systems of other countries
Solution for Trouble

Contract


1. Meaning and Role of Written Contract

In the Japanese law, when it is admitted that an agreement of intention is reached between both parties, a contract is basically concluded with only a verbal promise. Thus, it may be thought that preparation of a written contract is troublesome.

However, except for a case of a very simple business relationship (e.g., a case in which a business relationship ends after one-time transfer of a product), the preparation of a written contract is significant for the following purposes (i) and (ii).


  • (i) Prevent a dispute by making it possible to prove at a later date, for example, a specific content of the contract and the date of the conclusion of the contract.
  • (ii) Clarify in advance where the responsibility lies in a case of an unexpected dispute, by clearly determining content of rights and duties of both parties.






2. Contract regarding Copyright

The followings are examples of contracts regarding a copyright.


(1) Contract for Authorization to Exploit Works

This is a contract in which a copyright holder authorizes another party to exploit a copyright holder's work. In this case, a party who intends to exploit the work needs to pay attention whether the other party is an actual copyright holder and/or there exists another copyright holder.


(2) Contract for Transfer of Copyright

This is a contract for transferring a copyright. In this case, only the copyright is transferred and a moral right of an author is not transferred. It is general to make a special provision for non-use of the moral right.


(3) Contract for Publication

This is a contract to be concluded between a publisher and an author or a copyright holder. There exist a contract for setting a publication right defined in Section 79 et seq. of the Copyright Act and a contract for merely authorizing publication without setting a publication right.

In recent years, due to the revision of the Copyright Act, a publication right for an electronic publication has been approved. Thus, conventional contracts for setting a publication right need to be reviewed. Furthermore, it will be essential to take electronic publication into consideration in contracts regarding publication.


In addition, when more specific scenes are considered, a conclusion of a written contract is important for the following scenes to which rights under the Copyright Act are related. Furthermore, in many cases, the above items: (1) Contract for Authorization to Exploit Copyright; (2) Contract for Transfer of Copyright; and (3) Contract for Publication are included in a content of a contract for the following scenes.


  Specific scene Right/Matter that may be a possible problem
1 Lecture Right of copyright holder (especially, right of reproduction, right to transmit to the public) , right regarding secondary use of works, moral right of author, etc.
2 Concert and screening Right of copyright holder (especially, musical performance rights, stage performance rights ), moral right of author, right regarding neighboring right, etc.
3 Request for writing manuscript, drawing illustration, taking photograph, etc. Right of copyright holder (especially, right of reproduction, exhibition rights , right of transfer), moral right of author, right regarding secondary use of works, etc.
4 Use of existing works such as manuscript, illustration, or photograph Right of copyright holder (especially, ownership of copyright), moral right of author, right regarding secondary use of works, etc.
5 Public participation of work Transfer of copyright, right regarding secondary use of works, moral right of author, etc.

* The above items are examples of matters that may be possible problems especially under the Copyright Act, and many other problems may occur.







3. Remarks regarding Written Contract

Under the principal of freedom of contract, rights and duties arise in accordance with the agreement of intention between contracting parties, unless a provision defined in the contract violates the law etc. However, in a case of a violation of the law, the provision is ineffective, and thus, knowledge of various laws is required for preparing a written contract.







4. General Matters to Be Checked

The followings show main items to be included in a written contract. Please note that items to be included in a written contract vary in accordance with specific contents of various contracts.


(a) Title

(b) Stamp

(c) Preamble (indication of the parties etc.)

(d) Purpose of contract

(e) Contents of rights and duties of the parties

(f) Conditions, time limit, and term

(g) Cancellation of contract and compensation for damage

(h) Distribution of cost burden

(i) Handling of matters not defined in written contract

(j) Applicable law and agreement jurisdiction

(k) Postscript (the number of copies of prepared written contract)

(l) Date of the written contract

(m) Signatures and seals or signs and seals of the parties







5. "HARAKENZO more " Will Support Your Contract Preparation

At "HARAKENZO more ", our specialized staff will prepare a written contract or a memorandum for concluding a contract regarding a copyright as mentioned above and also proofread and check a content of such a written contract or a memorandum.


Please contact us if:

  • you need to prepare a written contract but have no knowledge of the contract preparation; or
  • you need an advice from the specialists on a written contract you prepared.

"HARAKENZO more " will support you in preparing a written contract or a memorandum for not only a contract with a party in Japan but also a contract with a party outside of Japan.

PAGE TOP