19 February 2010

TRADE SECRETS ACT
B.E. 2545 (2002)*

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BHUMIBOL ADULYADEJ, REX
Given on the 12th Day of April B.E. 2545;
Being the 57th Year of the Present Reign.

Title** Published on23 April 2002 Definition

His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that:

Whereas it is expedient to enact the law on trade secrets;

Being aware that this Act contains certain provisions restricting the rights and liberties of persons, in respect
of which section 29, in conjunction with section 31 section 35 section 48 and section 50 of the Constitution of the
Kingdom of Thailand so permit by virtue of law;

Be it, therefore, enacted by His Majesty the King, by and with the advice and consent of the National Assembly, as follows:

Section 1. This Act shall be called the “Trade Secrets Act B.E. 2545”.

Section 2. This Act shall come into force after the expiry of ninety days from the date of its publication in the Government Gazette.

Section 3. Under this Act:
“Trade Secrets” means trade information not yet publicly known or not yet accessible by persons who are normally connected with the information. The commercial values of which derive from its secrecy and that the controller of the trade secrets has taken appropriate measures to maintain the secrecy.

“Trade Information” means any medium that conveys the meaning of a statement, facts, or other information irrespective of its method and forms. It shall also include formulas, patterns, compilations or assembled works, programs, methods, techniques, or processes.

“Manufacture” means making, mixing, compounding or transforming. It shall also include the changing of form or division for packaging.

“Sale” means disposing, distributing, giving or exchanging for commercial purposes. It shall also include
possession with the intent to sell.

“Drug” means any drug under the law governing drugs.

“Agricultural Chemical Product” means any chemical product used for agricultural purposes including chemical products used in sterilizing or repelling of insects animals or plants that may cause damage to agriculture.

“Owner of Trade Secrets” means the person who discovered, invented, compiled or created the trade information that is a trade secret without infringing someone else’s trade secrets or infringing the rightful holder of the testing result or trade information that is a trade secret. It shall also include the transferee under this Act.

“Controller of Trade Secrets” means the owner of trade secrets. It shall also include the possessor, controller, or caretaker of the trade secrets.

“Court” means intellectual property and international trade court under the legislation governing the establishment of the intellectual property and international trade court and its procedure.

“Board” means the Trade Secrets Board.

“Member” means member of the Trade Secrets Board.

“Competent Officer” means any person appointed by the Minister to perform the duties under this Act.

“Director General” means the Director General of the Department of Intellectual Property. It shall also include any person assigned by the Director General of the Department of Intellectual Property.

“Minister” means the Minister who is in charge of this Act.

Section 4. The Minister of Agriculture and Co-operative, the Minister of Commerce and the Minister Public
Health shall take charge of this Act and have the power to appoint officers, issue Ministerial Regulations and Rules
for the enforcement of this Act in relation to their responsibilities.

The said Ministerial Regulations and Rules shall take effect after the publication in the Government Gazette.

Chapter I
Protection of Trade Secrets
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Section 5. Trade secrets are transferable. 2
The trade secrets owner is entitled to disclose, deprive of, or use the trade secrets, or license someone else to
disclose, deprive of, or use the trade secrets. He may also stipulate any terms and conditions for the maintenance of
the secrecy.

The transfer of trade secrets under paragraph one, except by way of inheritance, shall be made in writing
signed by the transferor and transferee. If no time period is specified in the contract, it shall be deemed to cover a
period of ten years.

Section 6. The infringement of trade secret rights under this Act are the act of disclosure, deprivation or
usage of trade secrets without the consent of the owner in a manner contrary to honest trade practices. In so doing, the infringer must be aware of or has reasonable cause to be aware that such act is contrary to honest trade practices.

Acts contrary to honest trade practices under paragraph one shall include breach of contract, infringement or
inducement to infringe confidentiality, bribery, coercion, fraud, theft, receiving of stolen property or espionage
through electronics or other means.

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• A.D. does not appear in the original text and is added for the benefit of easy reference only.
•• Margin notes do not appear in the original text and are added for the benefit of easy reference only.