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    AGUNG2

    Uploaded by

    Nuno Agassi

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    AGUNG2

    Uploaded by

    Nuno Agassi
    14 views5 pages

    Copyright

    © © All Rights Reserved

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    PDF, TXT or read online from Scribd

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    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    14 views5 pages

    AGUNG2

    Uploaded by

    Nuno Agassi

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 5

    TRADE SECRET THEFT: LEGAL

    MEASURES AND CHALLENGES


    IN INDONESIA
    INTRODUCTION
    • Trade secrets are based on several theories, namely: a) property rights theory, b)
    contract theory, and c) theory of unlawful act.
    • Every company has a way of securing confidential information as set forth in a work
    agreement, or an agreement that specializes in trade secrets, apart from that way the
    security of trade secret information is also regulated by laws and regulations.
    • Even though there is an agreement that requires keeping secrets, it is often 'cheating' for
    the spread of confidential information from companies/trade. In principle, there are 2
    ways to enforce the law on Trade Secrets.
    • The first method is called the non-litigation method which focuses on efforts to settle out
    of court. The second effort is litigation efforts carried out through the courts.
    DISCUSSION
    • Definition : Trade secret is information that is not known by the public in the field of
    technology and/or business, has economic value because it is useful in business
    activities, and is kept confidential by the owner of the trade secret.
    • Legal Remedies Against Theft of Trade Secrets : Law Number 30 of 2000
    concerning Trade Secrets (Trade Secret Law) to advance an industry that is able to
    compete in the scope of national and international trade to create a climate that
    encourages people's creations and innovations by providing legal protection for trade
    secrets as part of the Intellectual Property Rights system. The holder of a trade secret right
    whose trade secret has been stolen can file a legal action by filing a lawsuit against the party
    responsible for the theft of the trade secret.
    • Challenges in Protecting Trade Secrets : a) Expansion of the Definition of Trade Secret, b)
    Trade Secret Identification, c) Required Evidence, d) Legal Challenges in Various
    Jurisdictions, e) Hard to Detect Violations, f) Cost,
    CONCLUSION
    • Trade secret is information that is not known by the public in the field of technology and/or
    business, has economic value because it is useful in business activities, and is kept confidential by
    the owner of the trade secret. The protection of trade secrets is becoming increasingly important for
    companies because information that is considered confidential can become a valuable intellectual
    asset so it is regulated in Law Number 30 of 2000 concerning Trade Secrets (Trade Secret Law).
    Internationally trade secrets are regulated in TRIPs. The holder of a trade secret right whose trade
    secret was stolen can file a legal remedy by filing a lawsuit against the party who committed the
    theft of the trade secret to a district court, otherwise this can be resolved through arbitration or
    alternative dispute resolution.
    • The biggest challenge in protecting trade secrets is identifying which information should be
    protected. The company must conduct an internal audit to identify information that is confidential
    and needs to be protected. The evidence needed to prove this is usually quite difficult to obtain.
    • Protecting trade secrets can be difficult because companies have to deal with many different
    jurisdictions. Each country has different laws regarding the protection of trade secrets and
    companies must understand these differences. Trade secret infringements can be difficult to detect
    because they usually occur behind the scenes.

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