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


Protection of Trade Secret Ownership in Company: Survey in Phapros and Lombok Gandaria Foods Industry

Author(s): Kholis Roisah, Putri Purbasari Raharningtyas

Trade secrets representing the R&D, investment, creativity, and initiation of a company's business are a strategic asset of a company and a key factor for the company to maintain and develop its competitive advantage. The obligation to maintain confidentiality should always be pursued by the owner of trade secrets in order for legal protection of trade secret rights to remain. The objective of the study was to analyze the implementation of trade secret protection in Company of PT Phapros and PT Lombok Gandaria Food Industry and its research method was empirical juridical. The results of the research is that the implementation of trade secret protection in company shall be made through an employment agreement between the company and the employee during employee recruiting, for the incumbent personnel and the terminating employees. In addition to the employment agreement, the company also makes procedural policies to protect its trade secrets. The implementation of trade secret safeguards in PT Phapros and PT Lombok Gandaria is conducted through Particular Working Agreements (PKWT) and Non-Specific Time Working Agreements (PKWTT) that bind workers to keep company secrets of the company's trade secrets from the beginning worker’s work period until the rest of the life of the worker. The company regulation policy on access restrictions and security facilities are also carried out, but the implementation of the security facilities of PT Lombok is more comprehensive, while PT Phapros work agreement is more detail to regulate the obligations of the parties to keep the information confidential. The employment agreement and company rules are evidence that the trade secret owner has made reasonable efforts and also as evidence in court of the infringement of trade secret rights.