URGENSI PENGATURAN CONFIDENTIALITY AGREEMENT SEBAGAI OPTIMALISASI PERLINDUNGAN KERAHASIAAN INFORMASIBERNILAI EKONOMI

• Main Author: Rachel Fayza Rabbani, (Author)
• Format: Book
• Published: Jurnal USM Law Review, 2023-11-24.
• Subjects: Article; PeerReviewed
• Online Access: Link Metadata

Summary

This research aims to analyze indicators of actions that qualify as trade secret violations and analyze the urgency of regulating confidentiality agreements to optimize trade secret protection. Important research is studied looking at trade secret conflicts that occur as a result of breaking an agreement to protect trade secrets. This research utilizes normative juridical research methods based on legal materials to support research through statutory approaches and case studies at PT. Flux Asia Solusindo. Research shows that there are main elements that need to be tested to determine whether information can be qualified as a trade secret or not. Without a written or verbal agreement to protect trade secrets, it creates confusion in filing legal action if the information is disclosed at a later date. The government and DPR should regulate confidentiality agreements and harmonize them with territorial restrictions, time periods, and the inclusion of non-competition clauses in the Trade Secrets Law. Legal certainty regarding the protection of trade secrets in the trial process can be realized by changes by the Supreme Court regarding the requirements for applications to submit a closed trial by the owner of the secret with the judge's obligation to declare the trial closed in the substantive examination. Settlement of trade secret disputes in Indonesia should prioritize mediation or civil proceedings. Criminal prosecution should be a last resort as adhered to by the principle of ultimum remedium.

Item Description

http://repository.upnvj.ac.id/28589/1/2010611111_ArtikelKI.pdf