TINJAUAN YURIDIS PERLINDUNGAN HUKUM TENTANG RESEP RAHASIA PT.FASTFOOD INDONESIA (KFC) CABANG SAMARINDA MENURUT UU NO 30 TAHUN 2000 TENTANG RAHASIA DAGANG

Abstract

ABSTRACT

Protection secret legal trade in agreement waralaba ( passed to franchise) giver waralaba ( franchisor) in cooperation agreement waralaba effect of existence collision its partner. This study aims; first, study and analyze and know the form of legal protection of trade secrets in the franchise agreement. Second, to know the legal efforts which can be done by franchisor for the action franchisee who use their own trade secrets.

The type of study id the study of law with emphasis on empirical research. The research. The research sample set with non-random sampling technique. Legal materials studied include primary legal materials that legal meterials obtained from the information obtained from interviews with related-parties, secondary legal materials, which are the legal materials that can support the statements or the compeleteness of supporting primary legal materials obtained from material that primary and secondary legal materials. Legal meterials were analyzed by descriptive qualitative.

The results of study showed that the legal protection of trade secrets in the franchise agreement is given to the franchisee in the franchise agreement as a result of any breach by the partners in principle covered. This can be seen in the contract/agreement has been agreed in particular on confidentiality clauses and without competition. Forms of legal protection of trade secrets in the franchise agreement can be preventive i.e making contracts/agreement, arrangements in the legislation in the field of intellectual property rights and making government regulation on franchise. In a repressive form written warning, disconnection of contract/agreement and termination of the contract/agreement.