TRADE SECRETS AS A MEANS OF PROTECTING THE TRADITIONAL FOOD BUSINESS

Abstract

The abundance of culture and wealth in Indonesia needs to be balanced with the patentprotection to legitimize the ownership of these wealth and culture. Even so with traditionalfoods such as Rujak Soto from Banyuwangi which also requires to be patented, especially if itis within the scope of the trade industry, namely by conducting Trade Secret Protection. Thisstudy aims to analyze the scope of traditional food trade secret of Rujak Soto in Banyuwangiand the system of trade secret protection according to the Law Number 30 of 2000 andTRIPs: This research used a normative research type with a statute approach to study theresearch material namely the Law relating to the protection of trading business, as well as aconceptual approach to study the legal opinion and doctrines of experts. Without registeringthe trade secret that was owned, the owner of traditional food recipe has directly orautomatically obtained protection against trade secret that he owned as long as the ownercould protect his secret information from people who did not have the rights to the tradesecret. The system of trade secrets protection which regulated in the Law of Trade Secrets ofthe Republic of Indonesia and TRIPs provided trade secret protection without a registrationprocedure as must be carried out by other intellectual property rights field. But unfortunately,the provision regarding the trade secrets protection has not specifically regulated abouttraditional knowledge, one of which was traditional food.