Trade secret rights, as well as other intellectual property rights, can also be transferred berahli or ways: inheritance, gift, will, written agreement, or “other causes” is justified by the legislation. The definition of “other causes” such as the bankruptcy decision. As intellectual property rights, Trade Secrets are also considered immaterial movable so that it can be transferred to another party. Especially for the transfer of trade secret rights is done by agreement, then the transfer agreement should be done by notarial deed. This is important because the breadth and complexity of aspects of the reach.
Transfer of Right to Trade Secret documents must be accompanied by the transfer. However, the trade secret remains undisclosed. Any Trade Secret Rights benuk transfer shall be recorded at the Directorate General of Intellectual Property Rights by paying the official fees. Which “shall be recorded” in the Directorate General of IPR is administrative data from the transfer of title documents and do not include the substance or content of the trade secret agreement.
Right Holder to Trade Secret that is not recorded on the Directorate General of IPR does not have any legal consequences to third parties. Furthermore, transfer of Right to Trade Secret Secret was published in the Official Gazette of Commerce. Things that are announced in the Official Trade Secret only on data that are administrative in nature and do not include the substance of the trade secret agreement.
Trade Secret Rights holders are entitled memberiakn license to another party under the License Agreement to implement the actions as stipulated in Article 4 of Law 30/2000, unless otherwise agreed. In contrast to Dagan Secret Assignment Agreement, the License Agreement memberiakan only limited rights and the time terbatsa anyway. Thus, only diberiakan license for the use or the use of the trade secret within a certain timeframe. Based on consideration of the closed nature of the trade secret to others, the implementation of the Trade Secret Licenses made by sending or direct attach experts who can keep the Trade Secret. It’s different, for example, by providing technical assistance that is usually done in the framework of project implementation, operation of new machinery or other activities that are specially designed in rangaka technical assistance.
Right to Trade Secret Pemegan can still carry out their own rights or grant a license to a third party, unless otherwise agreed. This provision confirms the principle that non-exclusive license. That is, the licensee shall continue to provide kemungkunan to other third owner. If it would be otherwise, then this should be explicitly stated in the License Agreement.
The license agreement shall be recorded at the Directorate General of IPR by the official charged. Which “shall be recorded” in the Directorate General of IPR is administrative data from the License Agreement and do not include the substance of the agreement of the Trade Secret Trade Secret License Agreement that is not recorded on the Directorate General of Intellectual Property Rights has no legal effect against third parties. The license agreement announced in the Official Trade Secret. Things that were announced in the Official Gazette of the trade secret is only on administrative data and did not include the substance of the trade secret agreement. Recording and transfer of registration of the trade secret licensing agreement that the amount of charge specified in Government Regulations (currently regulated by the PP 50/2001).
The license agreement contains a provision prohibited the trade secret that may cause adverse consequences of the Indonesian economy or result in unfair competition. For example, the treaty obligations that can be set to block the entry process technology experts to Indonesia.
Anime Indo 