Trade Secrets Law in Indonesia
Here’s an overview of Trade Secrets Law in Indonesia:
Trade Secrets Law in Indonesia
1. Legal Framework
Trade secrets in Indonesia are primarily protected under:
Law No. 30 of 2000 on Trade Secrets (Undang-Undang Rahasia Dagang),
The Civil Code (Kitab Undang-Undang Hukum Perdata) for contract enforcement,
Relevant labor laws addressing employee confidentiality.
Indonesia is a member of WIPO and the World Trade Organization (WTO), thus complying with the TRIPS Agreement.
2. Definition of Trade Secrets
Under Law No. 30/2000, a trade secret is defined as:
Any information in the fields of technology, business, or others that:
Is unknown by the public,
Has economic value,
Is kept confidential by its rightful owner.
Examples include manufacturing processes, formulas, business strategies, customer databases, and marketing methods.
3. Protection and Obligations
Owners of trade secrets must take reasonable efforts to keep the information confidential.
Protection applies against:
Unauthorized acquisition,
Use,
Disclosure.
Employees and third parties often sign non-disclosure agreements (NDAs) to ensure confidentiality.
Misappropriation of trade secrets is prohibited by law.
4. Enforcement and Remedies
Remedies for trade secret violations include:
Civil remedies: Injunctions, compensation for damages,
Criminal sanctions: Including fines and imprisonment for intentional theft or disclosure,
Administrative sanctions: Possible in some cases.
Courts may issue protective measures to prevent further disclosure during litigation.
5. Duration of Protection
Protection lasts as long as the information remains secret and retains economic value.
Once the information becomes public, it loses protection.
6. International Obligations
Indonesia is compliant with the TRIPS Agreement, ensuring trade secrets protection at international standards.
Member of WIPO and participates in global IP cooperation and enforcement.
Summary
| Aspect | Details |
|---|---|
| Governing Law | Law No. 30/2000 on Trade Secrets, Civil Code |
| Definition | Confidential, economically valuable information |
| Protection Requirements | Reasonable efforts to maintain secrecy |
| Remedies | Civil injunctions, damages, criminal penalties |
| Duration | As long as secrecy and economic value persist |
| International Context | TRIPS Agreement, WIPO membership |
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