Chapter III
Maintenance of Trade Secrets by State Agencies
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Section 15. In cases where the law requires the applicant for a permit to manufacture, import, export or sale of drugs or agricultural chemical products with new chemical substance to file information supporting the permit; and if such information, either wholly or in part is trade secrets in the form of testing result, or other information regarding its preparation, discovery or creation which has involved in a great deal of effort, and the applicant has requested the state agencies to maintain the trade secrets, the state agencies concerned shall have the duties to maintain the trade secrets from being disclosed, deprived of or used in unfair trading activities, in accordance with the regulations prescribed by the Minister.

The regulations under paragraph one shall, as minimum requirements, contain the following provisions:
(1) Conditions of request submitted to state agencies for maintenance of trade secrets;
(2) Details of testing result and information that is qualified as trade secrets;
(3) Period of time for which trade secrets are to be maintained;
(4) Method for maintenance of the trade secrets, taking into consideration the type of technology and testing result or confidential information; and,
(5) Duties and liabilities of state officials in the maintenance of trade secrets.

Chapter IV
The Trade Secrets Board
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Section 16. There shall be a Trade Secrets Board, comprising of a chairman and not more than thirteen members, to be appointed by the Cabinet. The Board shall possess expertise in science, engineering, industry, agriculture, pharmacology, international trade, economics, law or other fields beneficial for the functioning under this Act. At least six members of the Board shall be appointed from private sectors.

The Director General shall be the secretary of the Board.

The Board may appoint not more than two officers from the Department of Intellectual Property as assistant
secretary.

Section 17. Chairman and member of the Board shall not hold any position or possess any interest in partnerships, companies or other business organizations.

Section 18. The term of office for the Chairman and members of the Board under section 16 shall be four years.
In case where the Chairman or any member of the Board vacates the office before the expiry of his term, or in case where the Cabinet appoints an additional member to the Board during the term of the existing Board, the member so appointed shall serve only the remaining term of the existing Board.

Chairman or member of the Board whose term has expired may be re-appointed for not more than one additional consecutive term.

Section 19. Apart from expiry of term of office, Chairman or member of the Board shall vacate the office in the following circumstances:
(1) Death.
(2) Resignation.
(3) Order by the Cabinet.
(4) Malfeasance, dishonesty or incompetence.
(5) Declared bankrupt.
(6) Declared an incompetent or quasi-incompetent person under the Civil and Commercial Code.
(7) Serving imprisonment term by a final judgment, except where the punishment is for an act of negligence or petty offence.
(8) Violation of section 17.

Section 20. The Board shall compose of not less than half of its members to form a quorum in a meeting.

In case where the Chairman is absent or is unable to perform his duty, the members who are present shall select a chairman among them.

Resolution of the meeting shall be made by majority vote. Each member has one vote. If the votes are equal, the Chairman shall cast an additional vote as the decisive vote.

Chairman or member of the Board shall not participate in a meeting where a matter, which he has an interest in, is under consideration.

Section 21. The Board shall have the following powers and duties:
(1) Present its views on policies and measures for protection of trade secrets as well as policies on trade secrets aspects of transfer of technology to the Minister of Commerce for submission to the Cabinet.
(2) Give advice and consultation to the Minister in relation to the issuance of Ministerial Regulations and other regulations under this Act.
(3) Conduct conciliation or mediation involving trade secret disputes as requested by the parties.
(4) Perform other functions within the scope of its duties as prescribed by law.

Section 22. The Board may appoint a sub-committee to consider, make decision, or perform any duty, as it shall assign.

The provisions of section 20 shall apply, mutatis mutandis, to the meeting of the sub-committee.

Section 23. Except in the case of section 21(3), in performing the duties under this Act, the Board has the power to subpoena any person for questioning, submitting of documents or any materials necessary for its consideration.

The order under paragraph one shall state clearly the matter under consideration for which the Board requires the information, documents or materials requested.

Section 24. Any subpoena, notifications or communications in writing, sent under this Act shall be effected by registered mail with receipt addressed to the domicile, place of residence or business of the recipient, or by any
other means to be determined by the Board.

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