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All Journal KRTHA BHAYANGKARA Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Yuliana Indah Sari
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Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Protection of Trade Secrets in Culinary Business Agreements for Micro, Small and Medium Enterprises M Rizqi Azmi; Dibah, Nabilah Farah; Yuliana Indah Sari
KRTHA BHAYANGKARA Vol. 19 No. 1 (2025): KRTHA BHAYANGKARA: APRIL 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i1.3758

Abstract

All companies have confidential information that is not allowedto be seen by the general public or even known by their employees. In this case, the Indonesian government has enacted laws to protect trade secrets, as local products in Indonesia have high economic value. This article examines the legal protection of trade secrets in culinary business agreementsfor Micro, Small, and Medium Enterprises (MSMEs). And analyzethe challenges faced byMSMEsinthe culinary sectorin implementinglegal protectionoftrade secrets through business agreements. Also, analyzing the implementation of Law No. 30 of 2003 on trade secrets in protecting against violations of trade secrets. The method used in this research is the normativejuridical method by conducting a literature review related to thediscussed issues. The research results show that although the law provides legal protection for trade secrets, in reality, thereare still many information leaks that occur after an employeeleaves the company and joins a competitor. Therefore, it is considered important for business actors to receive legal protection to ensure the implementation of the intellectual property rights system as expected.
Pelanggaran Hak Merek Yang Telah Terdaftar Berdasarkan Putusan Hakim Nomor 89/PDT.SUS-Merek/2022/PN.Niaga.JKT.PST Yuliana Indah Sari; Nabilah Farah Dibah; Felly Faradina
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 3 No. 4 (2026): Juli: Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v3i4.1797

Abstract

A trademark serves as a distinctive sign identifying the origin of goods or services and is protected under the first-to-file principle, whereby exclusive rights are granted to the first applicant who registers the mark through the Directorate General of Intellectual Property (DGIP). However, disputes may arise when similar trademarks are granted registration despite prior registration by another party. This study aims to analyze the judges' legal considerations in Decision Number 89/Pdt.Sus-Merek/2022/PN Niaga Jkt.Pst concerning trademark infringement and to examine the legal responsibilities of the defendants. The research employed a normative legal method through the analysis of statutory regulations, court decisions, and relevant legal literature. The findings indicate that the court concluded the defendant had acted in bad faith and declared the cancellation of the defendant's trademark registration along with all its legal consequences. Furthermore, the defendants were held responsible for complying with the court's decision and bearing the litigation costs. This study emphasizes the importance of legal certainty and the consistent application of the first-to-file principle to ensure effective protection of registered trademark rights in Indonesia.
Co-Authors Dibah, Nabilah Farah Felly Faradina M. Rizki Azmi Nabilah Farah Dibah