SECRET REGULATION REGULATION OF TRADE IN INDONESIA Murti Ningsih

Indonesia is one of the countries that participated in ratifying TRIPs through Law No.7 of 1994 concerning Ratification of the Establishment of the World Trade Organization (WTO). As a consequence, Indonesia has an attachment to implementing the provisions in TRIPs which regulate the Intellectual Property Rights. Direct implementation of this policy, Indonesia has legislation in the areas of Copyright, Patents, Brands, Trade Secrets, Industrial Designs and Integrated Circuit Layout Designs. With regard to the birth of Law No.30 of 2000 concerning Trade Secrets, as one of the implementations of GATT TRIPs. Actually it does not mean that there were no laws and regulations regarding this matter beforehand. This regulation already exists only but these regulations have not been grouped as part of Intellectual Property Rights. Arrangements regarding the protection of Trade Secrets when referring to the TRIPs Agreement are regulated in Part II, namely: "Standard Concerns on Accessibility, Scope and Use of Intellectual Property Rights, listed in Section 1, Article 9 through Section 8, Article 40. include provisions as The following are: Copyright and Related Rights, Trademarks, Geographical Indications, Indistrial Indications, Patents, Layout-Design (Topographies) of Integrated Circuits, Protection of Undisclosed Information, Control of Anti-Competitive Practice in Contractual Licenses.If you pay attention, actually there is no explicit protection for trade secrets, except for the provisions listed in section 7 regarding Undisclosed Information Protection. This article is then matched to become a Trade Secret. When viewed from other countries, actually not all have specific regulations regarding trade secrets, such as Australia, regulating trade secret provisions in breach of contracts and breach of confident, the United States only has regulations at the state level while at the federal level to date not yet exist, because this problem is also considered as a matter of civil matters only. The existence of a special law that regulates trade secrets, is expected to provide protection for the owners of trade secret rights so that they will spur and improve creativity or innovation in general, in order to develop their business. In addition, there is hope that it can overcome preventive and repressive fraud competition from fraudulent competitors who ignore the development of creativity and innovation.Keywords: Trade Secrets and TRIPs.