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.
Transitional Provision
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Section 39. This Act shall not apply to the disclosure, deprivation or use of trade secrets prior to the coming
into effect of this Act.
The proprietor of goods, which were manufactured, imported or exported prior to the coming into effect of
this Act and are in violation of the provisions of this Act, shall dispose of or export those goods within one year from
the date of the coming into force of this Act.
Countersigned by:
Thaksin Shinawatra
Prime Minister
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NOTE: - The reason for the promulgation of this Act being: Whereas it is the policy of Thailand to promote free
trade and prevent unfair trade practices, coupled with the fact that tortuous liabilities under Thai law have not yet
covered liabilities for violation of trade secrets; it is therefore necessary to enact the present Act of Parliament. |