KOMPAS.com – The existence of legal protection for trade secrets will encourage the birth of new discoveries or inventions.

In Indonesia, the legal protection of trade secrets is governed by the Trade Secrets Law No. 30 of 2000.

Then how scope of trade secret protection under this law?

Read also : Legal Protection of Trade Secrets in Indonesia

Scope of trade secret protection

According to law number 30 of 2000, 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.

Trade secrets may belong to the owner of the trade secret and to other parties who hold a license granted by the holder of the trade secret right.

As for the scope of trade secret protection under Law Number 30 of 2000 understand :

• production method,
• treatment method,
• mode of sale, or
• other information in the field of technology and/or business which has economic value and which is not known to the general public.

Read also : Electric vehicle battery researcher arrested in Canada accused of sending trade secrets to China

Trade secret criteria

A trade secret will be protected if the information meets a number of criteria, namely:

• confidential,
• have economic value and
• kept confidential through appropriate efforts.

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 trade secret within a certain period and under certain conditions.

Reference:

• S, Sujana Donandi. 2019. Intellectual Property Rights Law in Indonesia. Yogyakarta: Deepublish.
• Law number 30 of 2000 on trade secrets

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