Trade Secret As Legal Protection for Micro and Small, Medium Enterprises’ Traditional Food Products in Escalating Economic Growth

Abstract

The trade secret for traditional food products from a particular area that possesses certain characteristics in the terms of quality or secretive production process generates from traditional cultures massively produced by Micro, Small, and Medium Enterprises (MSMEs) consider as the big hope for Indonesia in increasing the local economy. However, a high number of MSMEs do not have sufficient and comprehensive knowledge of trade secret protection for traditional food products. This research aims to identify and analyze the possibility of enacting trade secrets as the legal protection of traditional food produced by MSMEs to escalate the economic growth of society.

The result shows that Law Number 30 year 2000 on Trade Secret can be the legal justification to protect traditional food products produced by MSMEs considering in the production process of traditional food there are some secret recipes and methods that are not known by the public. In order to implement the comprehensive legal protection of trade secret, there are some requirements for the government and the producers in both internal and external aspects. It's important to formulate a conducive business ecosystem, upgrading of human resources, management system, the strengthening of capital power, creation of creative industries, legal permit system for business, the advancement of information and technology also global business and marketing network. There are some efforts conducted by the government in raising legal awareness concerning the importance of intellectual property protection and the high economic potential of intellectual property protection