PERLINDUNGAN HUKUM TERHADAP KEPEMILIKAN RAHASIA DAGANG DI INDONESIA (Studi Kasus PT. Basuki Pratama Engineering dengan PT. Hitachi Construction Machinery Indonesia)

Abstract

This study aims to analyze the form of legal protection against the ownership of tradesecrets in Indonesia and how to resolve trade secret disputes in the boiler machine business.This study was conducted on the principles of law and the rule of law that applies andanalyzes its strengths and weaknesses and analyzes the harmonization between these rulesand other regulations both vertically and horizontally so that this type of research is ajuridical normative research type. The results show that the forms of legal protectionagainst the ownership of trade secrets in Indonesia include, first, the TRIPs and WTOagreements, which are the rules of the world trade organization as a legal reference thatcontains juridical norms that must be obeyed and implemented in the field of intellectualproperty rights, especially those that regulate Intellectual Property Rights issues globally.Second, the method of making goods in the form of an agreement is in the form of a methodof making goods and includes processing processes, materials, safety procedures,equipment, operating procedures, equipment, and quality control procedures. Third, thetransfer of rights and license agreements in this case registration of applications for tradesecrets, rights of ownership of trade secrets and/or licenses does not need to go through aregistration procedure except for the transfer of rights. Ownership of trade secrets that youwant to protect must first be registered with the Directorate General of Intellectual PropertyRights.
 Keywords: Legal Protection, Trade Secrets, Proprietary.