Legal Protection of Franchisor Trade Secret in Franchise And Work Agreement

Abstract

The purpose of this study is to understand the legal consequences of violation of the trade secret and the concept of protection trade secret in franchise and work agreement and how to protect it. The research method used in this study is a normative legal research. Data analysis in this study was carried out by qualitative methods and the research approach is the juridical/statutory approach method, which is an approach that is carried out by analyzing related laws, verdict and regulations. The results of this study show that the legal consequences of violation of franchisor’s trade secret are the consequences of criminal charges, the consequences of civil lawsuit and the consequences of unfair business competition in which all three can be submitted to the court or other authorized institutions. Furthermore, the legal protection of the franchisor's trade secrets in the work and franchise agreement is divided into two protections namely preventive and repressive . Preventive protection can be in the form of addition non-disclosure clause, non-competition clause, non-solicitation clause and supervision clause in franchise agreement while non-disclosure clause, non-competition clause, and non-solicitation clause in work agreement. In addition, apart from agreement, preventive trade secret protection can be in the form of giving a semi-finished recipe if the franchise is engaged in food and beverage field. Meanwhile, in the context of repressive legal protection can be done with a criminal charge to the organ of the franchisee company and civil lawsuit for compensation or termination of an act. Keywords: Trade Secret, Franchise, Agreement