– Trade Secrets Act (TSA) B.E. 2545 (2002), in force since July 22, 2002, as amended in 2014.

– WTO’s TRIPS Agreement, since January 1, 1995.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since August 2, 2008.

Definition: a trade secret is defined as: (1) trade information that is not generally known or readily accessible to groups of persons within circles that normally deal with information of said kind; (2) trade information that has commercial value due to its secrecy; and (3) trade information that has been subject to reasonable measures by its lawful controller to keep it secret. Trade information is any information that conveys meaning, facts, or anything, irrespective of its method or form. The following are examples of what can be protected under the TSA: formulas, compounds, prototypes, experimental data, calculations, drawings, diagrams, supplier information, marketing/sale promotion plans, etc. 

Criteria for enforcement: in order to protect trade information as a trade secret, it is necessary for a trade secret controller to take reasonable measures to keep such information secret.

Assignment - licensing: the owner of a trade secret has the right to disclose, take away, transfer or use the trade secret, or allow others to disclose, take away, or use the trade secret. A trade secret is transferable by a written agreement signed by both parties. If no term of assignment is indicated in the agreement, the term of assignment agreement is ten years.

Remedies for misappropriation: anyone who discloses, takes away or uses a trade secret without lawful consent of the owner and in a manner that breaches fair commercial practice is considered to infringe the trade secret. Actions that are contrary to fair commercial practices include breach of contract, breach of confidence, bribery, intimidation, fraud, theft, receipt of stolen property, etc. The owner of a trade secret is entitled to take both civil action to obtain compensation and a permanent injunction as well as criminal action under the TSA. In addition, the trade secret owner may also request that the court order the destruction or confiscation of instruments, tools and accessories used in committing the trade secret infringement. Note: the following actions shall not be considered an infringement of trade secret: (1) good faith acquisition where the acquirer did not realize that they had obtained a trade secret; (2) disclosure by a government agency to protect public health or safety; (3) independent discovery; and (4) reverse engineering.