TRADE SECRETS AS A MEANS OF PROTECTING THE TRADITIONAL FOOD BUSINESS

Abstract

The abundance of culture and wealth in Indonesia needs to be balanced with the patent
protection to legitimize the ownership of these wealth and culture. Even so with traditional
foods such as Rujak Soto from Banyuwangi which also requires to be patented, especially if it
is within the scope of the trade industry, namely by conducting Trade Secret Protection. This
study aims to analyze the scope of traditional food trade secret of Rujak Soto in Banyuwangi
and the system of trade secret protection according to the Law Number 30 of 2000 and
TRIPs: This research used a normative research type with a statute approach to study the
research material namely the Law relating to the protection of trading business, as well as a
conceptual approach to study the legal opinion and doctrines of experts. Without registering
the trade secret that was owned, the owner of traditional food recipe has directly or
automatically obtained protection against trade secret that he owned as long as the owner
could protect his secret information from people who did not have the rights to the trade
secret. The system of trade secrets protection which regulated in the Law of Trade Secrets of
the Republic of Indonesia and TRIPs provided trade secret protection without a registration
procedure as must be carried out by other intellectual property rights field. But unfortunately,
the provision regarding the trade secrets protection has not specifically regulated about
traditional knowledge, one of which was traditional food.