| dc.description.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 | en_US |
