Pelindungan Hukum Rahasia Dagang PT. Flux Asia Solusindo Terkait Portofolio Desain atas Merek Van Houten Kitchen (Studi Putusan Nomor 1035/Pdt.G/2022/PN.Jkt.Sel)

Abstract

The development of the times in this era has cause to the development of digital businesses. The graphic design service business is one of the things that has progressed in Indonesia, in graphic design service companies, the design portfolio is a form of Trade Secret owned by the company. Trade Secret Conflicts that often occur are acts of unauthorized use of confidential information without rights that can cause the owner of the Trade Secret to suffer losses. Therefore, it is necessary to protect Trade Secrets to create an honest, open, and innovative business scope.The purpose is to find out the legal protection given to the owner of the Trade Secret in the event of a denial, so that the problem of (1) How to developed Trade Secrets as an Intellectual Property Right, (2) How to resolve Trade Secret disputes according to Law No. 30 of 2000 and,(3) How to legally protect Trade Secrets related to the design portfolio of the Van Houten Kitchen brand at PT. Flux Asia Solusindo by using case study in decision Number 1035/Pdt.G/2022/PN. Jkt.Sel.. The research method used is a normative juridical method by analyzing secondary data consisting of primary, secondary, and tertiary legal materials. The legal materials are collected by reading, studying, and recording literature to be poured into a framework of thought, such as laws and regulations, as well as international regulations that have been ratified in Indonesian law as a research support through the approach of laws and case studies on PT. Flux Asia Solusindo. Furthermore, the data that has been obtained is analyzed using a descriptive method.. Research results that there are elements that can determine that information can be qualified as a Trade Secret. As well as the need for the establishment of a confidentiality agreement as an effort to protect Trade Secrets by containing arrangements that must be complied with by employees in maintaining confidentiality and regulating related protection efforts that are able to be used as valid evidence in the event of a violation of Trade Secrets. Settlement of Trade Secret disputes in Indonesia can be done by litigation or non-litigation, however, it is best to prioritize mediation or civil channels. Criminal prosecution shall be a last resort.