KOMPAS.com – Trade secrets are part of the system of intellectual property rights that must be protected.
Legal protection of trade secrets become one of the government’s efforts to advance industries that are able to compete in domestic and international trade.
Then how trade secret law protection in indonesia?
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Basic Trade Secret Law
Basic Trade Secret Law in Indonesia is Trade Secrets Act Number 30 of 2000.
According to this law, trade secret is information that is not known to the public in the field of technology and/or business, that has economic value because it is useful in commercial activities and that is kept confidential by the owner of the trade secret.
The scope of trade secret protection includes production methods, processing methods, sales methods or other information in the field of technology and/or business which has economic value and which is not known of the general public.
A trade secret will be protected if the information is confidential, has economic value and remains confidential.
The holder of a right in a trade secret can grant a permit called a license to another party through an agreement based on the granting of rights (and not on a transfer of rights) to obtain the economic advantages. of a protected business secret within a certain period and under certain conditions.
Read also : Ex-Coca-Cola technician accused of stealing trade secrets for Chinese company
Rights holders or trade secret licensees may knowingly and unlawfully sue anyone:
- Use its own trade secrets;
- Grant licenses or prohibit other parties from using trade secrets or disclosing trade secrets to third parties for commercial purposes.
For such actions, the trade secret rights owner or licensee may bring an action for relief and/or terminate all actions in the district court.
Additionally, referring to Law Number 30 of 2000, trade secret violations may also occur if:
- A person knowingly discloses a trade secret, reneges on an agreement, or waives a written or unwritten obligation to protect the trade secret in question;
- A person obtains or controls trade secrets in a manner contrary to applicable laws and regulations.
Criminal threats against perpetrators of breaches of trade secrets not even joking.
Anyone who willfully and unlawfully uses another party’s trade secret or commits these violations shall be liable to imprisonment for up to two years and/or a fine of up to IDR 300 million.
However, this trade secret violation is a complaint violation, so the police will only deal with it if someone complains about it.
- S, Sujana Donandi. 2019. Law on intellectual property rights in Indonesia. Yogyakarta: Deepublish.
- Law number 30 of 2000 on trade secrets
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