LEGAL PROTECTION OF TRADE SECRETS IN FRANCHISE
BUSINESSES IN THE FIELD OF FOOD AND BEVERAGES
Introduction
Intellectual Property Rights (IP) are rights that are inherent in life today. IP is a
product that develops from an idea and human mindset that has become a problem in the
world of trade both nationally and internationally.
In United States, businesses in the food and beverage sector have many business
actors to start businesses and expand their networks in various agreement systems so that
there is a need for legal protection of trade secrets in businesses in the food and beverage
sector, one of the agreements contained in this trade secret is a franchise agreement.
Franchise is regulated in Government Regulation Number 42 Year 2007 concerning
Franchise. The birth of this Regulation seeks to improve the development of franchise
businesses throughout United States, especially for small entrepreneurs to grow into reliable
franchisors and have competitiveness in marketing products, especially domestic products.
Trade secrets are company assets that must be maintained indefinitely. If the trade
secret has been revealed to other parties, both those who have similar and non-similar trades,
it will cause losses to the inventor.
In reality, there are many parties who take actions outside of what is promised so that
there is a need for legal protection for new findings or investments and are treated as
confidential both for ownership, entrepreneurship and utilization.
This is marked by the enactment of the Trade Secrets Act No. 30 of 2000 which came
into force on September 20, 2000 against the background of the ratification of the WTO /
TRIP's agreement through Law No. 7 of 1994 which shows the main idea of the Trade
Secrets Act in United States is in line with TRIP's thinking as part of the agreement in the
WTO, as well as the enactment of Law No. 5 of 1999 concerning the Prohibition of
Monopolistic Practices and Unfair Competition1.
In the Trade Secrets Law Number 30 of 2000 states "Information that is not known by
the public in the field of technology or business, which has economic value because it is
useful in the course of business, and its secrecy is maintained by the owner of the trade
secret."
Research Method
Normative legal research is library legal research based on secondary legal materials. The
method used in this research is the normative research method, which examines and analyzes
the subject matter with the substance of laws and regulations with legal materials primary and
secondary legal materials2. In supporting the research process, the type of approach used is a
statutory approach, the context of which is carried out by examining all laws related to the
legal issues being addressed.
Results And Discussion
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
Legal Protection of Trade Secrets in Business Food and Beverage Franchise
Franchising is one of the innominant agreements, which is an agreement that develops
and grows in the practice of community life. This agreement has not been specifically
regulated, the existence of this agreement exists in society as long as it does not conflict with
law, decency and public order. In an agreement there are valid conditions regulated in Article
1320 of the Civil Code which regulates agreement, capability, lawful cause and certain
objects.
In United States, the protection of trade secrets is regulated in the Law on Trade
Secrets No. 30 of 2000 as defined in Article 1 which states "Information that is not known to
the public in the field of technology or business, which has economic value because it is
useful in business activities, and its confidentiality is maintained by the owner of the secret".
The trade secret." Article 2 states "the scope of trade secret protection includes production
methods, processing methods, sales methods, or other information in the field of technology
or business that has economic value that is not known to the public, including food/beverage
recipes, formulas, production processes, methods of implementation or marketing3.
To be able to organize a franchise business, especially in the field of food and
beverages, the business to be franchised must have the criteria contained in Government
Regulation No. 42 of 2007 concerning franchises, namely having business characteristics,
proven to provide benefits, having a standard service of goods and services made in writing,
can be applied, there is continuous support, Intellectual Property Rights have been
registered4.
The business characteristics of a trade secret company become a very valuable
company asset and its confidentiality must be maintained because that is where the profits
grow. If the confidentiality is revealed by other parties, both those who conduct similar and
non-similar trade, they will still suffer losses and the confidentiality of the information will
be lost so that it is no longer a trade secret. The importance of a trade secret in a franchise
business has the potential for loss of secrets that can result from the absence of precautions in
maintaining confidentiality. The franchisor must take precautions to protect a trade secret
within its franchise system.
Protection of trade secrets in the franchise business is carried out based on the agreed
franchise agreement in which the franchise agreement states that the intellectual property
originating from the franchisor is the right of the franchisor as the owner of the secret and the
franchisee is obliged not to divulge or violate the franchisor's protected intellectual property
rights.
If the franchise agreement is violated, it will be subject to administrative sanctions
contained in Article 16 of Government Regulation No. 42 of 2007 concerning franchising,
namely in the form of a written warning, revocation of the franchise registration certificate
(franchise) and in the form of a fine. Meanwhile, the new regulation is contained in Article
26 of the Minister of Trade Regulation No. 53/M-Dag/Per/8/2012 concerning the
Implementation of Franchises.
From a legal point of view, the owner of a trade secret has the right to use the trade
secret, and can grant a trade secret license to prohibit other parties from using the trade secret
and not disclose the trade secret to third parties5. Trade secrets have a non-absolute nature,
which means that their confidentiality can be known by other parties with the use of a license
through an agreement.
Trade secrets have no time limit for protection as long as the owner can keep the trade
secret from public access, so the trade secret will be protected for that long. There are several
general requirements that must be met in obtaining trade secret protection found in Article 3
of the Trade Secrets Act, namely6:
Trade secrets receive protection if the information is confidential, has economic value,
and is kept confidential through appropriate efforts.
Information is considered confidential if the information is only known by certain
parties or is not generally known by the public.
Information has economic value if its business activities are commercial or can
increase profits.
Information is considered confidential if the owner has taken reasonable steps.
In trade secrets, there is preventive and repressive legal protection. Preventive legal
protection aims to prevent a dispute between the two parties of the franchise business actors,
while repressive legal protection aims to resolve a dispute between the two parties of the
franchise business actors. This protection can be resolved through the General Court and
Administrative Court in United States.
Regarding the regulation, if someone steals or leaks trade secrets, they will be subject
to punishment contained in the Trade Secrets Law in the Article 13 and Article 14, namely
"any person who intentionally or without right has used the same mark as another party
whose mark has been registered for similar goods and services to be traded will be sentenced
to imprisonment for 2 (two) years and a fine of Rp 300,000,000.00 (three hundred million
rupiah)7."
Civilly regulated in the Civil Code in Article 1234 which states "that every obligation
gives something to do something or not to do something, which means that the parties make
an agreement whose object (not to leak trade secrets)." Leakage or misuse of trade secrets in
the agreement will be subject to civil sanctions contained in Article 1242.
Whereas the criminal penalty is contained in Article 323 of the Criminal Law, which
states that "any person who intentionally discloses a specific matter concerning the trading,
agricultural or craft company in which he works or in which he used to work which should be
kept secret shall be sentenced to imprisonment for nine years months, and shall be fined of
nine thousand rupiahs8."
What Legal Efforts Can Be Made to Protect Trade Secrets in the Event of Infringement
in the Field of Food and Beverages
In trade secrets, something that is kept secret can actually be protected under
copyright and patent protection, but the trade secret will no longer be confidential because it
has become a public domain, that is, the right is freely owned by anyone. Including recipes in
the field of food and beverages, there is now a lot of plagiarism and theft committed by
outsiders and insiders in the company. So that there needs to be an effort to prevent the
leaking of trade secrets to recipes in the food and beverage business.
Reasonable efforts and steps are efforts and steps that have been measured in
reasonableness to keep the information confidential. For example, within the company there
are standardized procedures based on general practices that apply in public places as outlined
in the company's internal provisions regarding the confidentiality of information how to keep
the trade secret and who is responsible for its confidentiality9.
In the statement of the Law, there are still vague norms seen from the efforts, the
efforts described are still unclear what efforts must be made by the owner of the trade secret
so that its confidentiality can be maintained. So the owner of a trade secret can attempt to
keep its trade secret secret if the obligation to maintain its confidentiality must be possessed,
which means that the owner of the trade secret must prove that the recipient of the trade
secret has an obligation to maintain its confidentiality, because the information is given in
confidence.
Regarding legal remedies for trade secret violations in the food and beverage business
sector, namely in the absence of written or oral evidence proving that information is provided
on condition of confidentiality, and evidence must show that there is an obligation to
maintain confidentiality. The forms of legal remedies that can be taken are temporary and
permanent court decisions.
According to Tim Lidsney, the efforts and steps that are feasible and appropriate for
maintaining food and beverage recipes are the owner of trade secrets can be said to be trying
to keep his trade secret if the information provided to workers is in the room or the company
that owns the trade secret does not allow disclosing information outside the scope of the trade
secret company and the information is provided in a document marked "confidential" by the
company.
In the Trade Secrets Act in article 13, there are legal remedies that can be taken,
namely:
•
Settlement by consensus
This settlement can be done through kinship, which prioritizes peaceful settlement
through consensus, namely by the parties meeting and discussing the problem and
then finding the best solution for the parties.
•
Settlement through litigation or non-litigation
in Article 11 through court efforts (litigation) which states "that the holder of trade
secret rights (licensee) can sue anyone who has deliberately or without the right to
grant licenses and disclose trade secrets to other parties, for commercial interests".
And in Article 12 there are civil remedies taken in the event of a violation of the
Trade Secret business in the field of food and beverages, namely "Through efforts
outside the court (non-litigation) or with alternative dispute resolution (ADR), dispute
resolution institutions or through procedures agreed upon by the parties10."
Conclusion
The owner of a trade secret can be categorized as having sought confidential
information, depending on the situation, conditions and place where the secret is conveyed.
The regulation and legal remedies can be seen in the Trade Secrets Act No. 30 of 2000 in
article 13, article 14, while the violation is contained in article 11 and article 12 which are
civil penalties while the criminal is contained in article 17.
In terms of legal remedies in the event of a violation of the franchise business in the
food and beverage sector, it can be taken through 2 channels, namely litigation and non-
litigation. litigation is a legal remedy that can be submitted through the court while non-
litigation can be resolved through alternative dispute resolution (ADR), dispute resolution
institutions or through procedures agreed upon by the parties.
