Analisis Unsur dan Pembuktian Penyalahgunaan Rahasia Dagang oleh Mantan Karyawan dalam Perspektif Hak Kekayaan Intelektual: Studi Kasus PT Foom Lab

Abstract

Intellectual Property Rights (IPR) are legal instruments that provide protection for the results of human intellectual creation, including trade secrets as one form of intellectual property that has strategic economic value for business actors. Disputes related to trade secrets often occur between corporations and former employees who gained access to business information during their employment, leading to legal issues in proving the elements of trade secrets. This study aims to analyze the application of trade secret elements and the proof strategies in the case of PT Foom Lab Global against a former employee (Decision Number 155/Pdt.G/2024/PN.Jkt.Sel) using a normative juridical research method through the legislative approach and case approach. The research results indicate that the panel of judges considers the disputed information to meet the criteria of trade secrets as stipulated in Law Number 30 of 2000 concerning Trade Secrets, because it is confidential, has economic value, and is protected through a Non-Disclosure Agreement (NDA). The judges based their considerations on Articles 1, 4, and 13 of the Trade Secrets Law as well as Article 1365 of the Civil Code. Evidence was provided not only through written proof but also through electronic evidence and expert testimony. This study concludes that the effectiveness of legal protection for trade secrets heavily depends on the strength of the evidence, the consistency in the application of norms by judges, and the need for regulatory updates that are adaptive to the development of information technology.