Trade Secrets in Indonesia: How Can We Protect Them?

DOI

10.2991/icils-18.2018.27How to use a DOI?

Keywords

Trade Secret; Intellectual Property; Indonesia

Abstract

IPR (Intellectual Property Rights) provide explicit choices for intellectual property owners to register their works or not. The logical consequence of making the registration is that the right owner can demand legal protection. However, it’s quite different from a trade secret, having its own characteristics, in which the law does not declare the necessity for a registration to earn protection. A trade secret will receive protection even if it is not registered. The registration itself even will eliminate its secrecy. Measures to protect trade secrets are not easy and require special efforts. There have been many ways carried out but there are also many ways which make us lose its secret nature. Protecting confidential information is not an easy task. There must be concrete actions from the trade secret owner. The government do not only act as the regulator but they also act as the motivator seeking to provide service excellence for establishing economic stability as well as ensuring legal protection for the people. Trade secrets are influential assets to Indonesian economy. It is important that business owners to protect their assets which are economically profitable and influential to their business sustainability. Trade secrets have distinctive charateristics from that of other intellectual properties, for instance patents. Trade secrets are different from public secrecy which makes it exculsive from the information dsiclosure. The new breakthrough offered by the Ministry of Law and Human Rights of Indonesia is to require trade secret registration in Indonesia. It is needed to study further about how it is conducted and what its purpose is. This paper reveals the existence of the trade secret registrations conducted by the Ministry of Law and Human Rights of Indonesia, what is the purpose and objective of doing so, and whether it is not against the law.

Copyright

© 2018, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Andry Setiawan
AU  - Dewi Sulistianingsih
PY  - 2018/07
DA  - 2018/07
TI  - Trade Secrets in Indonesia: How Can We Protect Them?
BT  - Proceedings of the 1st International Conference on Indonesian Legal Studies (ICILS 2018)
PB  - Atlantis Press
SP  - 141
EP  - 146
SN  - 2352-5398
UR  - https://doi.org/10.2991/icils-18.2018.27
DO  - 10.2991/icils-18.2018.27
ID  - Setiawan2018/07
ER  -