Trade Secrets in Thailand:
trade secrets are protected under the Trade Secrets Act B.E. 2545 (2002), which governs the protection, use, and disclosure of confidential business information. The act provides legal remedies for businesses to safeguard their proprietary information from unauthorized use or disclosure.Key Aspects of Trade Secrets in Thailand
Definition of Trade Secrets
Trade secrets refer to confidential business information that:
- Is not generally known or readily accessible to people who typically deal with such information.
- Provides economic value to its holder due to its secrecy.
- Is subject to reasonable steps to maintain its confidentiality.
Examples include formulas, processes, methods, techniques, customer lists, and other business information.
Eligibility for Protection
Trade secrets are protected if:
- The information is secret and not publicly known.
- The owner of the trade secret has taken reasonable steps to maintain its secrecy.
- The information has commercial value due to its confidentiality.3. Duration of Protection
Protection of trade secrets under Thai law does not have a fixed duration. The information remains protected as long as it meets the criteria of secrecy and the owner actively safeguards it.
Ownership and Transfer
- The owner of the trade secret has the exclusive right to use, disclose, and license the information.
- Trade secrets can be transferred, licensed, or assigned through contracts.
Legal Protections
The Trade Secrets Act provides the following legal protections:
- Prohibition of misappropriation: Unauthorized acquisition, use, or disclosure of trade secrets is illegal.
- Remedies for infringement: The owner can seek damages, injunctions, and other legal remedies if their trade secrets are misused.
- Penalties: Criminal penalties, including fines and imprisonment, may apply for violations involving trade secrets.
Reasonable Measures to Protect Trade Secrets
To qualify for protection, businesses must take reasonable steps to maintain confidentiality, such as:
- Restricting access to sensitive information.
- Using non-disclosure agreements (NDAs).
- Implementing security measures like data encryption and physical security.
Exceptions to Protection
Trade secret protection does not apply if the information:
- Becomes publicly known through no fault of the owner.
- Is independently developed by another party.
- Is disclosed as required by law or a court order.8. Enforcement
Trade secret disputes in Thailand are typically handled through: - Civil lawsuits for damages and injunctions.
- Criminal prosecution for intentional misappropriation.
- Arbitration or mediation, if specified in contractual agreements
Practical Steps to Protect Trade Secrets
- Identify and classify confidential information.
- Limit access to trade secrets within the organization.
- Use confidentiality agreements with employees, partners, and vendors.
- Train employees on the importance of protecting sensitive information.