Trade Secret
What is Trade Secret?
 
Trade Secret shall mean information in the field of technology and/or business that is not known by the public and has economic values as it is useful in business activities, and the confidentiality of which is maintained by its owner.

Scope of Trade Secret

The scope of protection on Trade Secret shall include methods of production, methods of processing (preparation), methods of selling, or other information in the field of technology and/or business that has economic values and is not known by the public in general.

Trade Secret shall be given protection if the information is confidential and has economic values and the secrecy of which is maintained with necessary efforts.

Information shall be secret (confidential) if such information is only known by a certain people or such information is not known by the public in general.

Information shall be deemed to have economic values if the confidentiality of the information can be used to run commercial activities or business or can improve the benefit economically.

The confidentiality of information shall be deemed to be maintained if the owner or the parties that control the information have taken necessary and appropriate efforts.

Infringement on Trade Secret

An infringement on Trade Secret takes place when a person deliberately discloses the Trade Secret or breaks the agreement, or the obligation, either written or not, to maintain the confidentiality of the relevant Trade Secret.

A person shall be deemed to have committed an infringement on a Trade Secret of another party if he obtains or possesses the Trade Secret in a manner that is contrary to the prevailing laws and regulations.

The action as referred to Article 13 shall not be deemed an infringement on a Trade Secret if:

  • the disclosure of the Trade Secret or the use of the Trade Secret is based on the interest for the security and defense, health, or safety of the public
  • the reverse engineering of a product that is produced from the use of the Trade Secret of another person is solely conducted for the interest of making further development of relevant products. 

Criminal Provisions

  • Any person who deliberately and without rights uses the Trade Secret of another party, or conducts any acts as referred to in Article 13 or Article 14 shall be sentenced to imprisonment of at most 2 (two) years and/or a fine of at most Rp300,000,000.00 (three hundred million rupiahs).
  • The criminal action as referred to in paragraph (1) shall constitute offense that warrants complaint. 
 
 
 

 
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