| Summary: | The protection of confidential information or widely known as commercial in
confidence in Indonesia is regulated in Law number 30 of 2000 on Commercial in
Confidence. The law is too short and too general compared to other laws concerning
intellectual property rights (IPR). Consequently, it becomes highly potential of
causing various interpretations and confusions among business players. In fact, the
protection on commercial in confidence is getting more important lately as the
information-based business trend developed. The undisclosed information becomes
the company�s important asset they have to keep from the competitors.
However, problems arise as the legal sanctions extracted from the law have not been
effectively implemented. It then results in confusion on what the concrete forms of
protecting confidential information are, what to do to avoid unfair competition, and
so on. Management of commercial in confidence becomes a very crucial need of
companies, industries, or other businesses, because they could get significant
advantages and benefits from it.
This study is conducted by the normative-empirical approach and is supported by
relevant data. The result shows that � analyzed from the legal economic aspects �
protection of commercial in confidence is a business asset that could be used to avoid
unfair competition. Meanwhile, the socialization of commercial in confidence must
continuously be carried out, in terms of both quality and quantity. Thus, a
government regulation on the law�s implementation or the revision of Law number
30 of 2000.
Therefore, in order to get verifiable description of the answers, a descriptive analysis
of normative-empirical research on that matter is conducted, by references of the
legal norms applied in Indonesia compared to the courts� decisions as the secondary
data and primary data sources of the peace officers. In conclusion, the process of
settling disputes of commercial in confidence is not yet an effective solution of
ultimum remedium to the violations or criminal acts of commercial in confidence.
|
|---|