We provide legal services including consultations and dispute resolution in the areas of practice listed below.
ABE & PARTNERS specialize and refine our skills through the handling of IP cases of every variety, including infringement lawsuits (main lawsuits and preliminary injunctions) on patents, trademarks, design rights, copyrights, and rights under the Unfair Competition Prevention Act etc.; patent and trademark invalidation actions at JPO and cancellation actions at IP High Court. We also regularly provide patent infringement and validity opinion services for both patentees and accused infringers help companies make decisions on commercialization.
ABE & PARTNERS have handled IP Disputes in the technical fields such as pharmacy, chemistry, life science, IT, electronic devices, and machinery.
The recent globalization of business and the acquisition of intellectual property rights by companies have increased the numbers of lawsuits filed overseas by Japanese companies, lawsuits filed in Japan by foreign companies, and lawsuits filed simultaneously in different countries. ABE & PARTNERS have extensive experience and achievements in solving global disputes by collaborating with law firms and patent firms in other countries and sometimes taking initiatives in resolving disputes. Our firm has gained abundant knowledge of legal systems and case laws overseas through the handling of lawsuits in the United States, Germany, United Kingdom, China, Korea, and Taiwan. Our knowledge and experience encompass not only U.S. discovery proceedings, but also jury trials.
Our attorneys-at-law and patent attorneys resolve disputes in connection with intellectual property rights by pooling our strengths as a team to provide the best technical and legal advantages for the client.
ABE & PARTNERS’ diverse experience and achievements in negotiations for contracts extend to intellectual property rights focused on licensing, joint developments, development services, and technology transfers, as well as the drafting and review of contracts. Our firm handles domestic and international IP transactions in all technical fields.
ABE & PARTNERS consider the individual and specific aspects of transactions to predict all of the possible risks in contract negotiations and the drafting and review of contracts. Our firm also clarifies points to be negotiated with counterparties or points of possible compromise in order to propose the best solutions to realize the business goals of our clients.
Our firm advises our clients on IP transactions from viewpoints gained through our abundant experience in IP Dispute. Our firm also provides advice on IP transactions involving antitrust law and tax law.
Life Science and Health Care
Markets in the life science and health care industry have expanded in step with social changes such as aging populations and globalization, as well as technical innovations such as iPS cells, antibody drugs, and AI, allowing entry from other industries.
ABE & PARTNERS’ attorneys and patent attorneys have abundant knowledge and skills in the practical businesses and technologies of the life science and health care industry, including one engaged as guest professor at the Osaka University Graduate School of Medicine, one with experience of working for pharmaceutical companies, and one with training and credentials as a pharmacist. Based on our knowledge, our firm has handled diverse IP Dispute related to pharmaceutical products and medical devices and provided solutions advantageous to our clients in and outside of Japan.
Enterprises in the life science and health care industry are required to observe intellectual property rights and comply with complicated statutory regulations set forth in laws such as the Pharmaceuticals and Medical Devices Act, the Act on the Safety of Regenerative Medicine, and the Act against Unjustifiable Premiums and Misleading Representations, as well as many related guidelines. Our firm provides our clients with optimal services to resolve all kinds of legal issues in research, development, manufacturing, and marketing, such as obtaining licenses, permits, and approvals, handling breaches of compliance, product recalls, and IP Dispute.
IT and Telecommunications
Information technology is indispensable to social life and economic activities in our society. At the same time, IT continues to generate new legal issues and disputes. IT-related disputes cover a wide spectrum of issues ranging from infringements of intellectual property rights such as patents and copyrights to contract disputes focused on system development, and defamation and violations of privacy on the internet and social networking sites. Meanwhile, new laws and guidelines are often established and revised in IT-related fields. Enterprises must stay thoroughly informed of the latest laws and revisions if they are to effectively cope with the legal issues and disputes in the world of IT.
ABE & PARTNERS promptly solve the various IT-related disputes of clients by applying our knowledge of IT business and the latest practical business skills in IT to preempt risks that may interfere with client businesses.
The globalization of corporate activities has increased the number of lawsuits filed by foreign entities against Japanese companies in the courts in Japan and overseas. The number of lawsuits filed by Japanese companies in the courts in Japan and overseas has also increased. Closely related disputes running simultaneously in the courts of plural countries are no longer a rarity.
ABE & PARTNERS abundantly experienced and accomplished in representing foreign companies subject to lawsuits in the courts in Japan. Our firm also collaborates with law firms in other countries to provide timely and appropriate legal services for Japanese companies subject to lawsuits in overseas countries and regions such as the United States, Europe, and Asia.
In some cases, international disputes are solved by arbitration. Our firm helps our clients perform arbitration in countries and regions all over the world.
ABE & PARTNERS, led by an attorney licensed to practice both in Japan and New York, engage in contract negotiations, the drafting and review of contracts, and negotiations with companies and representatives in cross-border transactions of all types, including those related to IP. The fields our firm has handled in working with contracts for cross-border transactions have ranged from international sales to IP, M&A, and real estate.
Any foreign laws governing a cross-border transaction must be thoroughly researched. Even a transaction governed by the laws of Japan demands research to determine if mandatory provisions (such as administrative regulations) apply in the counterparty’s country or a country in which the transaction takes place.
Our firm maximizes our clients’ benefits from cross-border transactions by collaborating with overseas law firms and researching all matters necessary for the transactions.
ABE & PARTNERS provide advice on the drafting and review of contracts for sales agreements, lease agreements, services agreements, and non-disclosure agreements, as well as the management of shareholders’ and board of directors’ meetings, fundraising, proposals of schemes, and other legal issues that arise in the daily business of a corporation (including issues related to tax law or antitrust law and administrative regulations specific to various business activities).
Our services support foreign companies working to develop businesses in Japan or with Japanese companies as well as international and out-bound transactions by Japanese companies working to expand internationally and do business across borders.
Our firm supports clients by preempting risks that arise in daily business and minimizing risks when discovered.
ABE & PARTNERS handle mergers and acquisitions of all kinds.
Our firm does our very best to remove any legal risk in M&As and maximize benefits for clients by listening to their opinions, proposing appropriate schemes, conducting due diligence and contract negotiations, and communicating with relevant governmental authorities.
Our firm has experience and skills to provide timely and appropriate support for not only M&As among Japanese companies, but also the acquisition of Japanese companies by foreign companies and vice versa.
ABE & PARTNERS provide legal advice on the Antimonopoly Act, the Subcontract Act, and the Unreasonable Premiums and Misleading Representation Prevention Act. We identify and analyze risks involving Antimonopoly Act in agreements executed by companies, propose preventive measures, support procedures at the Japan Fair Trade Commission, and represent our clients in civil litigation. Our firm is highly specialized in handling risks involving Antimonopoly Act in IP-related transactions.
Our attorneys-at-law also collaborate with overseas law firms to provide effective support for Japanese companies conducting business in the United States, EU, and China, where regulations under antitrust/competition laws are strictly enforced.
Labor and Employment
ABE & PARTNERS provide timely, appropriate support to help companies handle risks involving labor law associated with today’s complicated, rapidly changing work environment. Our firm drafts and examines employment agreements and employee manuals, gives advice on details and procedures for disciplinary actions such as dismissals, handles issues to do with labor unions and labor standards inspection offices, and represents clients in labor tribunals and civil litigation.
Our firm also provides advice on regulations specific to the Labor Law of Japan for foreign companies hiring employees and doing business in Japan.
Restructuring and Insolvency
ABE & PARTNERS offer support in the selection and implementation of reorganization and insolvency procedures for companies experiencing financial difficulties. Reorganization proceedings include private arrangements, corporate reorganization, and civil rehabilitation proceedings. Insolvency proceedings include bankruptcy and special liquidation proceedings. Our firm promptly determines if reorganization is feasible and supports the client in selecting and implementing the most appropriate proceedings.
Our firm also provides support for clients that need to commence debt collection or other proceedings when terminating transactions with companies experiencing financial difficulties.
ABE & PARTNERS analyze commercial transactions from tax viewpoints at the planning stage to determine measures for reducing tax risks. Our firm makes efforts to maximize benefits for our clients by drafting and reviewing contracts from both legal and tax perspectives. Our firm also provides services to represent clients in negotiations with the tax authority, filing objections, requesting administrative reviews, and handling lawsuits and other dispute proceedings.
The practice of tax law continues to grow more specialized and complicated with annual revisions of the tax system and the accumulation of cases. Our attorneys-at-law provide timely and appropriate legal services based on our knowledge of the latest laws and cases.