{"id":4927,"date":"2024-09-09T15:00:42","date_gmt":"2024-09-09T15:00:42","guid":{"rendered":"https:\/\/affa.co.id\/global\/?p=4927"},"modified":"2024-12-06T11:50:30","modified_gmt":"2024-12-06T11:50:30","slug":"understanding-trade-secret-laws-in-indonesia-scope-and-consequences","status":"publish","type":"post","link":"https:\/\/affa.co.id\/global\/2024\/09\/09\/understanding-trade-secret-laws-in-indonesia-scope-and-consequences\/","title":{"rendered":"Understanding Trade Secret Laws in Indonesia: Scope and Consequences"},"content":{"rendered":"

Trade Secrets are the recipe for business success in various fields, such as culinary, IT, pharmaceuticals, and biotechnology.<\/span><\/p>\n

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The public often seeks ways to discover or exploit these “secrets to success” through various means, including claiming and exposing these secrets on social media.<\/span><\/p>\n

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So, what exactly are the scope and consequences for disclosing Trade Secrets? We\u2019ve summarized it for you.<\/span><\/p>\n

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Trade Secrets are governed by <\/span>Law No. 30 of 2000 concerning Trade Secrets (Trade Secret Law)<\/b>. The definition of Trade Secrets, as outlined in Article 1, point 1, of the Trade Secret Law, is information that is not generally known to the public in the field of technology and\/or business and has economic value because it is helpful in business activities, and is kept confidential by the owner of the Trade Secret.<\/span><\/p>\n

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So, what does a Trade Secret encompass?<\/span><\/p>\n

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Article 2 of the Trade Secret Law describes the scope of Trade Secret protection as follows:<\/span><\/p>\n

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  1. Production Methods
    \nVarious steps and technologies are used to convert raw materials into finished goods.
    \n<\/span>
    \n<\/b><\/li>\n
  2. Processing Methods<\/b>
    \nMethods focusing on the steps necessary to alter or modify the properties of raw materials.
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    \n<\/b><\/span><\/li>\n
  3. Sales Methods
    \n<\/b>Various strategies or methods to sell products or services to consumers, considering variables like target market, product type, and sales objectives.
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    \n<\/b><\/span><\/li>\n
  4. Other Information in Technology or Business
    \n<\/b>This category includes product development research, customer data, agreements with third parties, and future business strategies.
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    \n<\/b><\/span><\/li>\n
  5. Economic Value
    \n<\/b>Have other secrets that provide a competitive market advantage and financial potential.
    \n
    \n<\/b><\/span><\/li>\n
  6. Not Known to the General Public<\/b><\/span>
    \n<\/span>The information is not a “public secret,” meaning it is known only to certain parties and not widely known by the general public.<\/span><\/li>\n<\/ol>\n

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    A common dilemma for business owners is whether to file a Patent for their Trade Secret or keep it confidential indefinitely.<\/span><\/p>\n

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    However, you should know that there is a criminal penalty of up to <\/span>2 (two) years imprisonment<\/b> and\/or a <\/span>fine of up to IDR 300,000,000 (three hundred million rupiah)<\/b> for parties without permission, using the Trade Secret.<\/span><\/p>\n

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    To protect your Trade Secret, here are a few options to consider:<\/span><\/p>\n

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