Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


A New Paradigm in Trade Secret Law Enforcement by the Prosecutors Office of the Republic of Indonesia to Protect Public Interests

Author(s): Rismanto, Tarsisius Murwadji, Rika Ratna Permata, Somawijaya

The Prosecutor’s Office of the Republic of Indonesia has the authority to protect public interests. This authority, however, cannot be exercised with regards to trade secrets because it is not authorized in the Law Number 30 of 2000 on Trade Secrets. To take a case in point, there is no recording of information on the Indonesian H5NI influenza strain sample as the legal sovereign of public health information as it is commercialized in the form of vaccines by the Global Influenza Surveillance Network. The Prosecutor’s Office is unable to protect this information because it does not have legal standing in the Trade Secret Law. Indonesia needs a breakthrough by creating a trade secret legal system that grants an authority to the Prosecutor’s Office to protect the public interest. This study applies a multidisciplinary doctrinal method, namely, investigates issues in terms of law, health and security related to the public interest that affect the development of a trade secret legal system. This study analyzes the concept of the public interest protection with regards to trade secrets, including the processes and authorized institution, i.e, the Indonesian Prosecutor’s Office. Results show that, firstly, to protect the public interest of trade secrets, the trade secrets should be recorded and the record shall determine the right owner as a legal subject if a lawsuit is filed. Secondly, the Prosecutor’s Office can file a lawsuit for the cancellation of trade secret rights to the Commercial Court if the trade secret is detrimental to the public interest.

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