Legal Protection Against Misuse Of Trade Secrets: Comparison Study Between Indonesia And France

This research discusses the legal protection against misappropriation of trade secrets in Indonesia and France, focusing on an analysis of the protection of the right to trade secrets and a study of the consideration of the panel of judges in resolving trade secret disputes. Trade secrets are one of the intellectual assets that have strategic value for businesses. However, the potential misuse of trade secrets by former employees poses a serious threat to business continuity. This research uses a normative juridical method with a statutory approach and case studies of court decisions. The results show that the legal protection of trade secrets in Indonesia has been regulated in Trade Secrets Law. However, in practice, there are challenges in proving a violation, especially if the perpetrator is a former employee who has direct access to confidential information. In addition, when looking at the comparison with France, the legal protection of trade secrets in France requires a settlement that is closer to civil rather than criminal proceedings. There are 2 (two) terms of trade secrets in France which have different settlements, namely le secret des affaires and le secret de fabrication, both of which can be resolved civilly or criminally in accordance with the provisions of article L152-1 du code de commerce and article L1227-1 du code de travail. In the civil case of Digitalbox v. Topo Log, enforcement of trade secret infringement was resolved through civil channels. This is the answer to the need to strengthen legal protection of trade secrets in Indonesia by expanding legal remedies for business secret disputes through changes Trade Secret Law.