General Corporate

Legal and intellectual property department outsourcing

Even large companies find it difficult to have the necessary in-house personnel for all cases, especially in the highly specialized area of intellectual property. In addition, it is not easy for small and medium-sized enterprises to train legal staff. We provide business support together with the legal and intellectual property department staff for client companies. Examples include checking daily contracts, advising on how to collect debts, advising on the upper limit of premiums, and drafting and advising on the preparation of warning letters.

In addition, in-house training may be planned and lecturers may be dispatched. Recent training sessions for executives at listed companies included "Copyrights, bad things to do," "Recent Trends and Measures against Intellectual Property Disputes," and "Checks of Intellectual Property Agreements."

Services for preparing and reviewing contracts

The preparation and checking of contracts is an essential part of every company's day-to-day business activities, but it is necessary to create and check contracts based on an understanding of the nature of its business. It is not enough to simply line up the legal and technical terms and modify the terms in details. It is necessary to look at a proposed contract and immediately visit the site of the land or building subject to the contract. It is also necessary to see and hear the actual product in intellectual property right contracts.

Kobayashi & Yugeta Law Office prepares and checks contracts on a daily basis, mainly at the request of client companies. From the execution of an agreement and the performance of this agreement, the following steps are usually followed:

①Request for review→②Hearing→③Drafting→④Finishing→⑤Setting of closing of contract→⑥Performance of contract

We have an adequate support system at all levels and stages.

In addition, Mr. Kobayashi has given a number of lectures and lectures on intellectual property rights’ contracts. The main points that you should note regarding intellectual property rights’ agreements are as follows.

1.Confidentiality Agreement

Identification of secrets, whether secret in the first place, situations of management.
Method of transferring and receiving the Confidential Information, ensuring the performance of the Confidential Information after conclusion, confirming the return of the Confidential Information and the destruction of the Confidential Information at the time of termination.

2.Patent License Agreement

Although it is no longer necessary to set up a registration, the use of the fixed date system in a notary public office is a reliable means.

3.Design License Agreement

It is important to understand the design's own system and verify whether it is included within a similar scope. In particular, recognition of the scope of similarity in a partial design right.

4.Trademark License Agreement

You should ensure that all trademarks necessary for the business to be used are included and that they are sufficient for the registered trademarks of the owner of the trademarks. For example, when entering into a license agreement for the use of a trademark for foodstuffs and beverages, if the business development of providing food and beverages is conceivable, it will be necessary to investigate the service trademark and negotiate the license.

5. Copyright License Agreement

In the first place, it is necessary to examine copyrighted materials. In view of the fact that copyrights cover a wide variety of rights, it is necessary to grant not only the right of reproduction but also the right of adaptation and a clause on the non-exercise of the moral rights of authors.

6.Know-How and Technology Transfer Agreement

In the first place, it is necessary to consider the requirements of the Unfair Competition Prevention Act as know-how and trade secrets, in particular whether they possess confidentiality. In the event of any doubt concerning the requirements for know-how, it is necessary to consider preparing a contract taking into account the aspects of the technical guidance contract.

1.Confidentiality Agreement Identification of secrets, whether secret in the first place, situations of management.
Method of transferring and receiving the Confidential Information, ensuring the performance of the Confidential Information after conclusion, confirming the return of the Confidential Information and the destruction of the Confidential Information at the time of termination.
2.Patent License Agreement Although it is no longer necessary to set up a registration, the use of the fixed date system in a notary public office is a reliable means.
3.Design License Agreement It is important to understand the design's own system and verify whether it is included within a similar scope. In particular, recognition of the scope of similarity in a partial design right.
4.Trademark License Agreement You should ensure that all trademarks necessary for the business to be used are included and that they are sufficient for the registered trademarks of the owner of the trademarks. For example, when entering into a license agreement for the use of a trademark for foodstuffs and beverages, if the business development of providing food and beverages is conceivable, it will be necessary to investigate the service trademark and negotiate the license.
5. Copyright License Agreement In the first place, it is necessary to examine copyrighted materials. In view of the fact that copyrights cover a wide variety of rights, it is necessary to grant not only the right of reproduction but also the right of adaptation and a clause on the non-exercise of the moral rights of authors.
6.Know-How and Technology Transfer Agreement In the first place, it is necessary to consider the requirements of the Unfair Competition Prevention Act as know-how and trade secrets, in particular whether they possess confidentiality. In the event of any doubt concerning the requirements for know-how, it is necessary to consider preparing a contract taking into account the aspects of the technical guidance contract.

Measures against Violence and Civil Interventions

Mr. Yugeta, in particular, specializes in violent incidents involving civil intervention, and has resolved a number of violent incidents involving civil intervention. As Mr. Yugeta is also a member of the Steering Committee of the Center for Relief of Victims of Civil Intervention and Violence at the Daini Tokyo Bar Association, the cooperation between the committee and the Tokyo Metropolitan Police Department is also smooth, and we always strive to provide prompt and accurate remedies for the rights of our clients.

When members of Boryokudan (anti-social forces) actually commit violence or intimidation, the most effective and prompt solution is to report them to the police and respond to such acts as a criminal case.

However, since the enactment of the Anti-Boryokudan Act, such unwarranted illegal acts have been on the decline, but there are more cases which the police cannot deal with such as unjust demands and obstruction of business that do not develop into criminal cases. In such cases, you need to ask a lawyer to send a warning or negotiate with the other party. If the other party takes an uncompromising attitude, you should file a petition for provisional disposition or file a lawsuit with the court.

Both large and small companies may become involved in violence through civil intervention. If you wish to be able to consult immediately in the event of such a problem, or if you wish to receive ongoing advice on how to deal with complaints or unreasonable demands, please contact us.

Labor Issues

Labor issues include overtime, wages, dismissal, sexual harassment, and power harassment. As long as a company employs people and conducts business activities, labor issues are inevitable, but there are many companies that do not have sufficient measures to deal with them. In fact, there are many customers who come for a consultation only after receiving a notification or investigation from the Labor Standards Inspection Office or a warning letter from an employee's lawyer. In order to prevent labor issues from escalating into conflicts, we recommend that management and personnel staff constantly be aware of the working environment and the conditions of employees and take pre-emptive actions in advance. Kobayashi & Yugeta Law Office provides advice on conflict prevention/resolution and specific response services tailored to each case on a daily basis.

Naturally, we have a great deal of experience in dispute resolution procedures such as labor lawsuits and labor tribunals, and we are more than capable of dealing with any labor issues even in the event of a dispute.

Debt Collection

We have experience in selecting the most appropriate means and procedures according to client needs and budgets, and to properly execute the collection of any outstanding debts.

No matter how much sales (figures) may be generated by operating activities, the business will not be viable unless compensation equivalent to such sales is collected. In this sense, it is not an exaggeration to say that debt collection is inseparable from the business activities that form the basis of companies.

Debt collection as a business is permitted only by lawyers, with the exception of servicers and certain judicial scriveners (up to \1,400,000), and is one of the most basic duties of lawyers. However, if a lawyer who is well versed in debt collection does not choose the most effective means and procedures according to the case, it is assumed that the debt collection will be wasted, labor and time will be spent, the amount of collection will be significantly reduced, and it may not be possible to collect debts at all in some cases. In addition, if a debtor is incapable of paying off the debts, it is often the case that legal proceedings will be taken for tax deductions, and in that case other considerations will be required.


If a company goes bankrupt, the company itself will change drastically according to the law as a bankrupt company, but it will affect not only its directors and employees but also various other parties, including shareholders, creditors, and business partners.


Consequently, legal issues arising from corporate bankruptcies are wide-ranging and require the appropriate involvement of lawyers.
Mr. Yugeta has been in charge of a number of bankruptcy cases as a bankruptcy trustee appointed by the Tokyo District Court, and can provide the necessary advice from the standpoint of all parties involved.

In addition, we have filed numerous petitions for bankruptcy on behalf of companies and individuals, and we can respond promptly and accurately to any petitions.

Compliance and other services

In our current corporate activities, the term "compliance" is becoming a daily term. However, some legal professionals mistakenly believe that simply preparing the framework will be sufficient. Those people are sometimes referred to as “Mr. Compliance”. In terms of compliance, it is necessary to understand the substance of the business and to transform it into a concrete code of conduct.

Mr. Kobayashi served as an external contact person for whistle-blowers. In addition, we have a wealth of experience drafting compliance regulations, and have numerous compliance-related forms. As an auditor for some companies listed on the Tokyo Stock Exchange, Mr. Yugeta has accumulated significant experience in compliance.