Trade Secret

The regulation of trade secrets in Indonesia is still new. The basis of this arrangement is the ratification of the Agreement Establishing the World Trade Organization (approval of the World trade Organization, or WTO), which also covers the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs Agreement) with the Law No. 7 / 1994 so that should be regulated on a trade secret. In Indonesia, the Trade Secret was first regulated by Law No. 30 of 2000 on Trade Secret. At the beginning of legal protection concerning all forms of practices of unfair competition has been governed by the guidelines and norms in Article 1365 Civil Code and Article 382 bis of the Criminal Code.

But then a problem after about it is packaged as a product of intellectual property. This means Unfair competition as a legal concept that is generally more narrow or focused on laws that protect the practice of fraudulent commercial motive. Kebuthan was formulated in the Act. 30 of 2000 on Trade Secret. In general it can be said that the law of trade secrets is also complete the Act. 5 Year 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition.


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