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

Abstrak

This study aims to analyze the form of legal protection against the ownership of trade
secrets 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 and
analyzes its strengths and weaknesses and analyzes the harmonization between these rules
and other regulations both vertically and horizontally so that this type of research is a
juridical normative research type. The results show that the forms of legal protection
against the ownership of trade secrets in Indonesia include, first, the TRIPs and WTO
agreements, which are the rules of the world trade organization as a legal reference that
contains juridical norms that must be obeyed and implemented in the field of intellectual
property 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 method
of making goods and includes processing processes, materials, safety procedures,
equipment, operating procedures, equipment, and quality control procedures. Third, the
transfer of rights and license agreements in this case registration of applications for trade
secrets, rights of ownership of trade secrets and/or licenses does not need to go through a
registration procedure except for the transfer of rights. Ownership of trade secrets that you
want to protect must first be registered with the Directorate General of Intellectual Property
Rights.

Keywords: Legal Protection, Trade Secrets, Proprietary.