If the delivery cannot be effected in accordance with paragraph one, or the recipient has left the Kingdom, the delivery shall be effected by posting the same at a clearly visible site at the domicile, place of residence or business, or at the house where the recipient’s name last appears in the house registration under the law governing civil registration, or by publication in the newspaper in that locality.

When the above-mentioned means of delivery has been effected, it shall be deemed that the recipient has received the message.

The method of service of subpoenas, notifications, or communications and the right of objection of any interested person shall be governed by the regulations to be determined by the Board and published in the Government Gazette.

Section 25. The Department of Intellectual Property has the general powers and duties to perform concerning trade secrets under this Act, and in particular to be responsible for administration, meetings, research, and other activities of the Board. It shall also have the powers and duties to execute the Board’s resolutions, to coordinate with other relevant entities concerning the performance of duties under this Act and to perform other functions assigned by the Board.

Section 26. In performing their duties under this Act, Chairman and members of the Board shall be officials under the Criminal Code.

Chapter V
Competent Officer
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Section 27. In performing his duty concerning a criminal case under this Act, A competent officer shall have the following powers:

(1) Enter a building, place of business, place of manufacture, place of storage, or any vehicle for search or inspection during sunrise and sunset or its business hours, where there is reasonable doubt that certain objects were obtained or produced by the commission of an offence or were used in the commission of an offence under this Act, and there is reasonable ground to believe that the documents or objects relating to the offence shall be removed or destroyed as a result of delay in obtaining a search warrant.
(2) Seize or attach any documents or objects relating to an offence for no longer than three months, for the purpose of a legal action in case where there is reasonable suspicion that an offense under this Act has been committed.
Section 28. In carrying out its duties, the competent officer shall be accorded with reasonable cooperation from the persons involved.

Section 29. In carrying out its duties under section 27, the competent officer shall present his identity card to the persons involved.

The identity card under paragraph one shall be in the form prescribed by the Minister as published in the Government Gazette.

Section 30. In carrying out its duties under this Act, the competent officer shall be considered an official under the Criminal Code.

Chapter VI
Penalties
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Section 31. Whosoever obstructs the action of a competent officer under section 27 shall be liable to imprisonment not exceeding one year, or fine not exceeding twenty thousand baht, or both.

Section 32. Whosoever not giving reasonable cooperation to the competent officer in carrying out its duties under section 28 shall be liable to imprisonment not exceeding one month, or fine not exceeding two thousand baht, or both.

Section 33. Whosoever discloses a trade secret of other person to the public in the manner which causes the trade secret to cease as a secret, with malicious intent to cause damage to the business of the controller of trade secrets, whether by publication through documents, audio or video broadcasting, or disclosure by any other means, shall be liable to imprisonment not exceeding one year or fine not exceeding two hundred thousand baht, or both.

Section 34. Whosoever, by virtue of his position to preserve trade secrets in accordance with the regulation issued under section 15 paragraph one, unlawfully discloses or uses such trade secrets for his own or some one else’s
benefit, shall be liable to imprisonment from five to ten years, or fine from one to two million baht, or both.

Section 35. Whosoever, by the performance his duty under this Act, shall obtain or being aware of any facts
concerning the business of a controller of trade secrets which should normally be kept confidential, discloses such
facts shall be liable to imprisonment from five to seven years, or fine from five hundred thousand to one million baht,
or both. It is an exception where the disclosure is made in the performance of his official duty or where the disclosure
is made for the benefit of investigation or legal proceedings.

Whosoever discloses facts, which have been obtained or aware of as a result of his engagement in official duty, investigation or legal proceedings shall be subject to the same liability.

Section 36. If the offender is a legal entity and the offence is committed through the instruction, act, noninstruction
or omission that is the duty of the director, manager, or any person responsible for the management of the legal entity, such person shall be subject to the liability prescribed for such offence.

Section 37. The offence under section 33 and section 36 is a compoundable offence.

Section 38. The Board has the authority to settle the offence under section 33 and section 36 by imposing a fine on the offender. In this respect the Board shall have the power to assign a sub-board, the Director-General, an inquiry official, or a competent officer to settle the offence by stipulating settlement rules or conditions for the assignee, as it deems appropriate.

Subject to paragraph one, if the inquiry official in an investigation finds that a person commits an offence under this Act and such person consents to settle the offence, the inquiry official shall forward the matter to the Board or the person assigned by the Board for settlement within seven days from the date that such person expresses his consent to settle.

Upon payment of a fine in the amount stipulated in the settlement within the prescribed period, the case shall be considered closed in accordance with the Criminal Procedure Code.

If the offender does not consent to the settlement, or after the consent, he fails to pay the fine within the prescribed period, the case shall proceed.

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