Trade Secrets Law in Thailand
Trade Secrets Law in Thailand:
Trade Secrets Law in Thailand
1. Legal Framework
Thailand does not have a specific standalone trade secrets statute.
Trade secrets are protected primarily through:
Civil law principles on unfair competition and breach of confidentiality.
Criminal provisions related to trade secret theft under the Trade Secret Act B.E. 2545 (2002).
Contract law, including confidentiality agreements and employment contracts.
2. Definition of Trade Secrets
Trade secrets typically refer to information that:
Is not generally known or easily accessible.
Has commercial value because it is secret.
Is subject to reasonable efforts to maintain confidentiality by the owner.
Examples: formulas, processes, designs, business strategies, customer lists, software code.
3. Protection Against Misappropriation
The Trade Secret Act B.E. 2545 (2002) criminalizes:
Unauthorized acquisition, disclosure, or use of trade secrets through improper means (e.g., theft, bribery, deception).
Civil remedies can also be sought for:
Breach of contract (e.g., violating NDAs).
Unfair competition practices.
4. Reasonable Measures
The owner must take reasonable steps to keep the information secret, such as:
Confidentiality agreements.
Restricting access.
Security protocols.
5. Enforcement and Remedies
Criminal penalties may include fines and imprisonment for theft or misuse of trade secrets.
Civil remedies include:
Injunctions to prevent further misuse.
Damages for losses incurred.
Return or destruction of confidential materials.
6. Employment Context
Employers usually include confidentiality clauses in employment contracts.
Employees are legally obligated to protect trade secrets both during and after employment.
Summary
Thailand protects trade secrets mainly through a combination of civil law, criminal statutes, and contract law. The Trade Secret Act criminalizes unauthorized use of trade secrets, while civil remedies provide further protection.
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