概要
Kodai Kimura has focused on intellectual property from day one of his career, and currently works with a large number of contracts, legal advice and disputes in the fine art and music industries based on his experience at Universal Music LLC, as well as IP litigations.
He also handles the drafting and review of English-language contracts based on his experience of having studied in New York and having worked in Singapore as a foreign legal adviser. He provides foreign clients with legal opinions in English involving complex regulations under Japanese laws.
As a specialist in the field of Art Law, Mr. Kimura advises artists, art galleries, art related start-ups, curators, art consultants, collectors, and various companies involved in art projects, and has contributed articles to reputable media outlets such as Bijutsutecho, Kohkoku (Hakuhodo), Gendai Business (Kodansha) and Forbes JAPAN, under the slogan "Toward establishing Art Law in Japan”.
Practice Areas
Art Law, Intellectual Property, IT, Entertainment Law (Music etc.), Employment Law, Dispute Resolution, International Transaction, General Corporate
Website (ART LAW WORLD): http://www.artlawworldjapan.net/
Twitter: https://twitter.com/KimuraKodai
職歴
Kobayashi & Yugeta Law Office, Tokyo, Japan
Attorney at Law, August 2017-present
Startbahn, Inc., Tokyo, Japan
Legal Advisor, July 2020-present
Universal Music LLC (Legal and Business Affairs), Tokyo, Japan
Part-time Counsel Attorney, November 2016-present
Graduate School of Design, Kyushu University, Fukuoka, Japan
Part-time Lecturer ("Arts and Culture as Intellectual Property II"), April 2015-present
Yuasa and Hara, Tokyo, Japan
Senior Associate, September 2007-July 2017
- Litigating trademark, patent, employment, and commercial contract cases at all stages, including writing briefs, advocating at hearings and trials, and negotiating settlements.
- Drafting and reviewing commercial contracts such as consulting agreements, copyright licenses, patent licenses, publicity licenses, non-disclosure agreements, distributorship agreements, etc. (in both English and Japanese) and involved with M&A transactions at all stages, including due diligence, negotiation with banks, and drafting share transfer agreements.
- Responsible for managing cross-border transactions and disputes for Japanese clients especially in South East Asia and East Asia such as Singapore, Indonesia, Vietnam, Thailand, and Hong Kong etc.
Fred Kan & Co., Hong Kong
Legal Intern (seconded through the Internship Program jointly organised by the Japan Federation of Bar Associations & the Law Society of Hong Kong), March 2016
Kelvin Chia Partnership, Singapore
Foreign Legal Advisor, August 2013-September 2014
- Managed and handled commercial contracts and litigations with local lawyers for Japanese clients including translations from English to Japanese and vice versa.
- Involved with strategic marketing such as writing articles, holding seminars regarding legal issues in Singapore, Indonesia, and Vietnam for Japanese companies.
Danziger, Danziger & Muro, LLP, New York, NY
Legal Intern, February 2013-May 2013
- Drafted and reviewed contracts such as commission agreements for public arts, copyright licenses for photography, and character merchandising agreements.
- Researched and wrote memorandums regarding legal issues in the art world (relating to museums, auction houses, and art dealers).
学歴・資格
Institute of Art and Law, UK,
Diploma in Art Law, September 2019
IP Academy & Faculty of Law, National University of Singapore, Singapore
Graduate Certificate in IP Law (GCIP), July 2015
Benjamin N. Cardozo School of Law, Yeshiva University, New York, NY
Master of Laws (LL.M.) in Intellectual Property Law with Dean's Merit Scholarship, May 2013
Christie's Education, New York, NY
Certificate in Art Business, May 2013
The Legal Training and Research Institute of the Supreme Court of Japan, Saitama, Japan
Mandatory qualification to practice law in Japan, September 2007
Keio University, Tokyo, Japan
Bachelor of Laws (LL.B.), March 2005
刊行物
- Co-Author, Japanese Design Law and Practice, Wolters Kluwer, December 2020
https://lrus.wolterskluwer.com/store/product/japanese-design-law-and-practice/
- Present and Future of Artist’s Resale Right in Japan, Aura Contemporary Art Foundation, November 28, 2020
https://aura-mekong-art-project.com/en/news/present-and-future-of-artists-resale-right-in-japan/
- Photo Copyright – The distance between “similar” and “infringement” under Japanese Copyright Law, Forbes JAPAN, November 19, 2020
- Series: Art Law, Interpretation of Contracts by Courts - The Tokyo District Court Judgment of the Hiroshi Senju Case, Bijutsutecho, October 24, 2020
https://bijutsutecho.com/magazine/series/s22/22910
- Series: Art Law, What is the Preferred Model for Cultural Policy in Japan according to the Current Worldwide Situation?, Bijutsutecho, August 23, 2020
https://bijutsutecho.com/magazine/series/s22/22530
- Series: Art Law, What is the “Artist’s Resale Right” that does not exist in Japan? - Mechanism and Significance, Bijutsutecho, June 14, 2020
https://bijutsutecho.com/magazine/series/s22/22097
- Series: Art Law, Severed Damien Hirst’s Spot Painting – A Legal Perspective Bijutsutecho, May 9, 2020
https://bijutsutecho.com/magazine/series/s22/21861
- Series: Art Law, Legal Issues facing Collectors – Interview with Charles Danziger – An Art Lawyer in New York, Bijutsutecho, April 19, 2020
https://bijutsutecho.com/magazine/series/s22/21522
- Contemporary Art and Fair Use, Kohkoku Vol 414, Hakuhodo, March 26, 2020
- Series: Art Law, The Complex System of Art Auctions – What is the Secret under “Chandelier”?, Bijutsutecho, March 7, 2020
https://bijutsutecho.com/magazine/series/s22/21322
- Series: Art Law, Rules for Using Public Art, Bijutsutecho, January 22, 2020
https://bijutsutecho.com/magazine/series/s22/21162
- Series: Art Law, The Basics of Contracts You Should Know, Bijutsutecho, December 29, 2019
https://bijutsutecho.com/magazine/series/s22/21025
- Series: Art Law, Where is the Line between Legal and Illegal? - Appropriation in Contemporary Art, Bijutsutecho, December 22, 2019
https://bijutsutecho.com/magazine/series/s22/21006
- Series: Art Law, What is Originality of Contemporary Art? - “Readymade” from the perspective of Copyright Law (2), Bijutsutecho, September 23, 2019
https://bijutsutecho.com/magazine/series/s22/20291
- Series: Art Law, What is Originality of Contemporary Art? - “Readymade” from the perspective of Copyright Law (1), Bijutsutecho, July 6, 2019
https://bijutsutecho.com/magazine/series/s22/20046
- SMALLER WORLD, Center for Art Law, March 30, 2016
http://itsartlaw.com/2016/03/30/smaller-world/
- MINE, YOURS OR OURS? - cutting edge copyright issue for hairdresser & photographer, Lexology, Globe Business Media Group, March 10, 2016
https://www.lexology.com/library/detail.aspx?g=4e4592c7-2d24-4bc6-94fe-a9ef94e6462b
- AN OLD FASHIONED ARCH, Lexology, Globe Business Media Group, January 15, 2016
http://www.lexology.com/library/detail.aspx?g=1ce1e6c4-16da-443f-9a3d-d0ef1e5a5c1e
- IS THIS JUST A CHAIR OR NOT?, Lexology, Globe Business Media Group, July 9, 2015
http://www.lexology.com/library/detail.aspx?g=9d2e34cb-980a-4674-a0d4-e7aaf720c30f
