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Introduction

The Firm

SHUSAKU·YAMAMOTO is one of the largest and most highly regarded one-stop solution intellectual property, technology and related commercial law firms with integrated on-the-ground intellectual property, litigation, health regulatory, IT, technology and commercial practice capabilities in Japan and around the world with our existing network of leading foreign legal practices.

The Firm* is currently led Kensaku Yamamoto, Attorney-at-Law and Owner, SHUSAKU·YAMAMOTO. It was founded on September 20, 1979 by Mr. Shusaku Yamamoto. We now have 150 members comprising patent attorneys, attorneys, patent technology specialists, paralegals, assistants, translators and secretaries. The Firm has offices in Osaka, Tokyo, Fukuoka, Fukushima and Nanjing.

We provide a one-stop seamless intellectual property, technology, market regulatory and commercial legal services including intellectual property prosecution, litigation, appellate, health, food and marketing regulatory, technology contracts and licensing and other IP-related commercial matters, advising on all types of contentious and non-contentious matters, including licensing, merchandising and transactional, patent, trademark, design, utility models, copyright, unfair competition, trade secrets, technology licensing & contracts, transfer, research and technology collaboration, global technology agreements, IT & communications, privacy, data protection, information management, technology procurement, health regulatory, technology contract, advertising, marketing, premiums, representations, promotions, labeling, consumer protection, food & health claims and labeling, product liability & recall, international trade & commerce and counseling services.

We are proud of our services. The quality and experience of our Firm's professionals are unparalleled. Our staff comprising of patent attorneys, attorneys-at-law, highly qualified patent technology specialists (many with advanced Doctorate & Master's degrees from the world's leading universities) in such fields as biochemistry, chemistry, electrical engineering, physics, computer science, mechanical engineering and life sciences, as well as experienced paralegals, highly qualified secretaries (university graduates) & credentialed associates.

Our proven dedication and attention to detail makes YAMAMOTO synonymous with speed & quality service for Japanese & global intellectual property, technology and commercial-related legal matters.

This is unsurpassed by other IP, Technology and Commercial Law firms practicing in our field of expertise.

Our Practice

At SHUSAKU·YAMAMOTO, we strive to provide the best client representation through our experience, technological competence, appreciation of client needs, clear and open communication, and an unmatched command of the vital role played by a comprehensive IP protection and enforcement strategy. We are committed to comprehending our clients products, processes and services in the context of their industries.

In addition, the ability, training and experience of our professional staff enables us to design and implement IP, Technology & Commercial Legal-related strategies to protect innovation essential to the health of those businesses. Our major Practice Areas include:

Intellectual Property


Appellate + Supreme CourtAcademic Research
IP Due DiligenceAerospace/Defense
IP Licensing + Technology TransactionsChemicals
Patent Counseling + ProsecutionCleantech
Patent LitigationConsumer Products
Patent InvalidationsElectrical/Computer
Technology TransferTechnology
Trade SecretsEnergy
TrademarksInternet
Utility Models & DesignsLife Sciences
Unfair CompetitionManufacturing
University Intellectual PropertyMedical Devices
Copyright & EntertainmentNanotechnology
Financial/Business ServicesNew Media and Entertainment
Franchise & LicensingTelecommunications
Transactions & AdvisoryTransportation
Inventorship, Ownership & RecordalsIP Audits

Anti-Counterfeiting, Customs & Criminal Enforcement


Brand protection & enforcementCustoms recordals & seizures
Criminal investigations, raids & seizuresCustoms & Criminal enforcement
Civil litigation & recoveryCustoms Import Suspension motions
Monitoring online retail & auction sitesOnline anti-piracy & anti-counterfeiting
Private investigations, test purchases & product verificationPreparation of authentication, enforcement manuals and training programs
International customs & law enforcement anti-piracy consultation & coordinationTakedowns infringing online ads & online counterfeiting sites

Regulatory – Healthcare, Energy, Food & Consumer


Accreditation, Licensing and CertificationHealth Care Compliance/Regulatory Counseling
AntitrustHealth claims, nutrient content claims
Advertising & LabelingLitigation
Clinical Trials, PMDA and ResearchLife cycle management
Compliance, Import & Labeling regulationsPharmaceutical Affairs, generics
ContractingMergers, Acquisitions
Corporate GovernancePrivacy and Security/Compliance
Due DiligenceProduct liability
Energy & EnvironmentReimbursement
Food, Beverage, Cosmetics & Dietary SupplementsRegulatory due diligence
Fraud and AbuseTax-Exempt Organization Issues
Government Investigations

We counsel and advise on all regulatory issues affecting the research, testing, approval, post-approval compliance, pricing, advertising and correction, withdrawal or recall of drugs, food and beverage products, cosmetics, consumer products, nutritional products, and medical devices/diagnostics products in Japan.

Corporate, Commercial & Trade Practice


Agency & PartnershipFinTech law and regulation
Blockchain, digital currencies & investment platformsGovernment approvals
Civil RehabilitationInternational Corporate Transactions
Commercial AgreementsInternal investigations
Corporate FinanceLitigation
Corporate Insolvency & RecoveryPrivacy and Security/Compliance
Corporate ReorganizationProduct liability
Creditor/Debtor RepresentationProject Finance
Cross-border InsolvencyProjects – Public/Private partnerships
Distribution, Franchise & DealershipRestructuring and downsizing
Employment, Labor & Global MobilitySpecial Liquidation
Employment HR Compliance Audit & ReviewSports, Travel & Leisure
Employee investigationsTax
Employee severanceTrade regulation
Export & Import controlsVenture Capital

Anti-Monopoly & Antitrust

Anti-Monopoly & Antitrust analysis, consultation with the Japan Fair Trade Commission for prior clearance, anti-monopoly filings in Japan Investigation by competition authorities, leniency program advice, and advice on and representation in administrative proceedings, civil actions and criminal actions

Advice in relation to business matters (e.g., business policies such as pricing/distribution, contracts, activities of trade associations and prior consultation with the Japan Fair Trade Commission)

Compliance (e.g., compliance programs, seminars and legal audits)

Technology, media & telecoms

Technology contracts, including hardware and software supply, design, build and operate, turnkey, O&M, systems integration and outsourcing and offshoring contracts.
Outsourcing
Cloud computing
Public sector procurement
Digital media & computer games

Media (print, broadcast and digital); sport; internet; litigation; intellectual property; public policy; regulation, publishing, libel, defamation
Entertainment, Marketing, Advertising
Privacy, data protection – (confidentiality, bank secrecy, regulatory restrictions on outsourcing of data processing, record retention requirements, privilege)
Database protection

Telecommunications - fixed line, mobile, cable, satellite and other infrastructure services, as well as ISPs and data network operators

Corporate Governance & Compliance

We counsel and represent corporate clients on all of their Japanese legal needs arising out of their day-to-day business and corporate operations as well as internal management issues.

We excel particularly in technology start-ups, joint ventures, health regulatory, intellectual property, and technology-related transactions and corporate matters.

We handle both civil and criminal matters over regulatory compliance issues. We also represent clients in connection with investigations and other proceedings before governmental agencies and self-regulatory organizations.

Governance & corporate compliance requirements;
Director and officer fiduciary duties and responsibilities;
Board/management issues, including conflicts of interest, related party transactions and executive compensation;
Board and committee governance matters, including charters, programs and policies, self evaluations, codes of conduct, and executive succession planning;
Enterprise-wide compliance and risk management programs;
Public company disclosure issues and related liability considerations;
Shareholder relations (including shareholder communications, responding to shareholder proposals, dealing with shareholder activists, institutional corporate governance advisors, and shareholder advisory firms);
Inventor compensation and litigation.

Dispute Resolution & Litigation

Commercial & Technology disputes related to licenses, development agreements, intellectual property, online contracting, internet copyright, inventor compensation, source-code appropriation, digital trademarks, domain names, online defamation, products liability, privacy, non-competition, fiduciary duties and other obligations as they relate to the technology and media industries.

Complex Commercial, Personal and Technology disputes - outsourcing disputes, excess use claims, database licensing, breaches of service level agreements and contracts to supply IT equipment or services and the eviction of cyber squatters. On-line defamation issues.

Private client complex multi-jurisdictional succession disputes and family dispute resolution, employment, reputation protection, immigration, family office management, private property & wealth management, enforcement & execution of foreign judgements.

Environmental regulatory litigation, environmental planning and international environmental law litigation.

Product liability, from pre-launch and product recalls through to defending claims. PL issues arising from drugs, electronic equipment and medical devices. Legal steps to avoid or minimize the impact of potential claims.

Clients

The Firms clientele spans the innovation spectrum, with a vibrant range of US, Japanese, European & Asian companies, bluechip Fortune 500 companies, entrepreneurs, Nobel Prize winners, national governments, universities, research institutes, venture start-ups, and private individuals like inventors, spouses/successors in title, professionals, entrepreneurs and family businesses. We conduct vigilant conflict checks.

Our technology practice comprises two broad areas: Biotechnology, Chemical & Life Sciences and Electronics, Computers & Mechanical. We are equally adept at handling multi-disciplinary cases that utilize technologies from different technical fields.


*The Firm is collaborating with 山本秀策特許事務所, the patent firm.

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