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Trade Secret

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Perbandingan Hukum Rahasia Dagang Indonesia Dengan Amerika Serikat, Monica Yesica Febrina Dec 2022

Perbandingan Hukum Rahasia Dagang Indonesia Dengan Amerika Serikat, Monica Yesica Febrina

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Legal protection of intellectual property is an important element in supporting creativity and trade. Indonesia has ratified the Agreement and Trade Related Aspects of Intellectual Property Rights and has enacted Law number 30 of 2000 concerning Trade Secret. Legal protection of trade secrets aims to protect business actors in trade practices both regionally and internationally. In addition, protection of trade secrets can prevent unfair business competition. Thus, business people have wider opportunities to develop their creativity and business. This research method is a normative research with comparative research type. This study examines the comparison of intellectual property protection laws specifically …


Analisis Perlindungan Hukum Rahasia Dagang Menurut Undang-Undang Rahasia Dagang Di Indonesia Dan Amerika Serikat, Chairinaya Nizliandry Dec 2022

Analisis Perlindungan Hukum Rahasia Dagang Menurut Undang-Undang Rahasia Dagang Di Indonesia Dan Amerika Serikat, Chairinaya Nizliandry

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Rapid economic growth encouraged tighter competition so that business doers can survive in its industry. In their efforts to survive in its industry, a handful of rogue business doers have justified various methods, including violating intellectual property rights. That is what the owner of CV Tiga Putra Berlian did. However, not in line with the Trade Secret Law, the District Court Judge in this case decided to release him. If he adheres to the trade secret law in Indonesia, the act must be deemed to have fulfilled the elements of a trade secret violation by law and must be punished …


Intellectual Property Rights And Competition Law For Transfer Of Environmentally Sound Technologies, Mahatab Uddin May 2022

Intellectual Property Rights And Competition Law For Transfer Of Environmentally Sound Technologies, Mahatab Uddin

Pace International Law Review

Battling against climate change, “a common concern of humankind,” is the most prominent global challenge of this century, and Environmentally Sound Technologies (“ESTs”) are the main tools to fight this battle. This article examines the juxtaposed role of Intellectual Property Rights (“IPRs”) and competition laws in facilitating wide-scale innovation and transfer of ESTs in developing and least developed countries. This article covers diverse IPRs, including patents and trade secrets. The discussion and analysis of the IPRs are based on the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”). And the discussion on competition law mainly focuses on competition related …


Perbandingan Hukum Rahasia Dagang Indonesia Dengan Amerika Serikat (Studi Komparatif Putusan Mahkamah Agung Nomor 332 K/Pid.Sus/2013), Monica Yesica Febrina Jun 2021

Perbandingan Hukum Rahasia Dagang Indonesia Dengan Amerika Serikat (Studi Komparatif Putusan Mahkamah Agung Nomor 332 K/Pid.Sus/2013), Monica Yesica Febrina

Jurnal Hukum & Pembangunan

Legal protection of intellectual property is an important element in supporting creativity and trade. Indonesia has ratified the Agreementand Trade Related Aspects of Intellectual Property Rights and has enacted Law number 30 of 2000 concerning Trade Secret. Legal protection of trade secrets aims to protect business actors in trade practices both regionally and internationally. In addition,protection of trade secrets can prevent unfair business competition. Thus, business people have wider opportunities to develop their creativity and business. This research method is a normative research with comparative research type. This study examinesthe comparison of intellectual property protection laws specifically regarding trade secrets …


Shhh! It's A Secret: A Comparison Of The United States Defend Trade Secrets Act And European Union Trade Secrets Directive, Shreya Desai May 2018

Shhh! It's A Secret: A Comparison Of The United States Defend Trade Secrets Act And European Union Trade Secrets Directive, Shreya Desai

Georgia Journal of International & Comparative Law

No abstract provided.


The Court Must Play Its Interpretative Role: Defending The Defend Trade Secrets Act’S Extraterritorial Reach, Jada M. Colon Apr 2018

The Court Must Play Its Interpretative Role: Defending The Defend Trade Secrets Act’S Extraterritorial Reach, Jada M. Colon

The University of Cincinnati Intellectual Property and Computer Law Journal

The exact reach of the Defend Trade Secrets Act’s extraterritoriality provision has yet to be interpreted by the courts. If United States securities, trademark, and antitrust law serves as any indication of what is to be expected, the Defend Trade Secrets Act may be subject to an inconsistent array of interpretation. When faced with interpreting the extraterritorial scope of the Defend Trade Secrets Act for the first time, the court must set a strong precedent by enacting a single, uniform effects test that will not falter when applied in different circumstances and by different circuits. Courts interpreting United States securities, …


A Taste Of The Current Protection Offered By Intellectual Property Law To Molecular Gastronomy, Mary Grace Hyland Jan 2017

A Taste Of The Current Protection Offered By Intellectual Property Law To Molecular Gastronomy, Mary Grace Hyland

Cybaris®

No abstract provided.


You Can Stand Under My Umbrella: Weighing Trade Secret Protection Against The Need For Greater Transparency In Perfume And Fragranced Product Labeling, Delia Gervin Sep 2016

You Can Stand Under My Umbrella: Weighing Trade Secret Protection Against The Need For Greater Transparency In Perfume And Fragranced Product Labeling, Delia Gervin

Journal of Intellectual Property Law

No abstract provided.


Eu Directive Proposal: Trade Secret, Natalja Sosnova Jan 2016

Eu Directive Proposal: Trade Secret, Natalja Sosnova

Marquette Intellectual Property Law Review

None


Punitive Damage And Attorney Fee Awards In Trade Secret Cases, Richard F. Dole Jr. Jan 2016

Punitive Damage And Attorney Fee Awards In Trade Secret Cases, Richard F. Dole Jr.

Marquette Intellectual Property Law Review

None


Here Come The Trade Secret Trolls, David S. Levine, Sharon K. Sandeen Jan 2015

Here Come The Trade Secret Trolls, David S. Levine, Sharon K. Sandeen

Washington and Lee Law Review Online

Within the past few years, the U.S. federal government has been forced to confront the massive but hard-to-quantify problem of foreign and state-sponsored cyberespionage against U.S. corporations, from Boeing to small technology start-ups, and (as of this writing) perhaps Sony Pictures Entertainment. As part of that effort, Congress has taken up the Defend Trade Secrets Act and the Trade Secret Protection Act, which would create a private cause of action under the federal Economic Espionage Act. This Article addresses the possibility of introducing trolling behavior—using litigation as a means to extract settlement payments from unsuspecting defendants—to trade secret law through …


An Economic View Of Innovation And Property Right Protection In The Expanded Regulatory State, J. Miles Hanisee Nov 2012

An Economic View Of Innovation And Property Right Protection In The Expanded Regulatory State, J. Miles Hanisee

Pepperdine Law Review

No abstract provided.


Kewanee Revisited: Returning To First Principles Of Intellectual Property Law To Determine The Issue Of Federal Preemption, Sharon K. Sandeen Jul 2008

Kewanee Revisited: Returning To First Principles Of Intellectual Property Law To Determine The Issue Of Federal Preemption, Sharon K. Sandeen

Marquette Intellectual Property Law Review

In the early 1970s it was thought that states could regulate in the areas of trade secrets without interfering with federal patent policies. However, this concept was called into question in the Sixth Circuit's ruling in Kewanee Oil Co. v. Bicron. In 1974 the Supreme Court ruled that Ohio's trade secret law was not preempted by federal patent law. This article revisits the issues raised in Kewanee in light of the Supreme Court's current preemption jurisprudence, changes in patent law, copyright law, and trade secret law since that time. First, the article reviews the history and context of the Kewanee …


I Have A Secret? Applying The Uniform Trade Secrets Act To Confidential Information That Does Not Rise To The Level Of Trade Secret Status, Julie Piper Jul 2008

I Have A Secret? Applying The Uniform Trade Secrets Act To Confidential Information That Does Not Rise To The Level Of Trade Secret Status, Julie Piper

Marquette Intellectual Property Law Review

A trade secret is valuable information, such as a formula, a device, or a client list, that is essential to the survival of a business. State law governs trade secrets; however, the Uniform Trade Secrets Act was established to be a unified guide to assist states in protecting such secrets. Even though the UTSA's definition is broad, the Act does not provide protection for certain confidential information that does not qualify as a trade secret. Such information is still crucial to the survival and the carrying on of a business. This article explores the importance of creating a system that …


Why Do We Have Trade Secrets?, Michael Risch Jan 2007

Why Do We Have Trade Secrets?, Michael Risch

Marquette Intellectual Property Law Review

Trade secrets are arguably the most important and most litigated form of intellectual property. This article explores the history of trade secret law in the United States and examines why it is that every state has opted to protect secret information, even though such protection is antithetical to the policies of access associated with patent law and non-protection of facts associated with copyright law.


What Does Pruneyard Have To Do With California Internet Trade Secret Law?, Adam J. Sheridan Jul 2004

What Does Pruneyard Have To Do With California Internet Trade Secret Law?, Adam J. Sheridan

Marquette Intellectual Property Law Review

This comment discusses the facts of the Bunner case and the decisions of the Sixth District and the Supreme Court. The Bunner case involves Andrew Bunner and his act of putting a link on his Web page allowing visitors to access a Digitial Video Disc (DVD) descrambler program, which allowed a computer user to decrypt DVDs. The DVD Copy Control Association sought an injunction against Bunner under the California Uniform Trade Secrets Act (UTSA). The author analyzes the historical protection given free speech and trade secrets under California law. Looking at the Bunner case in light of Pruneyard, the author …