WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IP/NIVTHAlU/l 
28 March 2003 
(03-1772) 
Original: English! 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
THAILAND 
The present document reproduces the textl of the Trade Secrets Act B.E. 2545 (2002), as 
notified by Thailand under Article 63.2 of the Agreement (see document IP/N/1/THAll). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIP ALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETlt INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
THAlLANDE 
Le present document contient le textel de la Loi B.E. 2545 (2002) sur les secrets 
commerciaux, notifie par la Tha'ilande au titre de l'article 63:2 de l'Accord (voir le document 
IP/N/I/THAll). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTicULO 63 DEL ACUERDO 
TAILANDIA 
En el presente documento se reproduce el textol de la Ley B.E. 2545 (2002) de Secretos 
Comerciales, notificado por Tailandia en virtud del parrafo 2 del articulo 63 del Acuerdo (vease el 
documento IP/N/lITHAll). 
1 In English only. The text in the original language is available for consultation by interested 
Delegations at the WTO Secretariat.!En anglais seulement. Les delegations interessees peuvent consulter le 
texte dans sa langue d'origine, au Secretariat de l'OMC./En ingles solamente. Las de1egaciones interesadas 
podnin consultar en la Secretaria de la OMC el texto en su idioma original. IP /N/lITHAIU 11 
Page 2 
TRADE SECRETS ACT 
• R.E. 2545 (2002) 
BHUMIBOL ADUL YADEJ, REX 
Given on the 12th Day of April B.E. 2545; 
Being the 57th Year of the Present Reign. 
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 a..'1d 
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 iaw; 
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 RE. 2545". 
Section 2. This Act shall come into force after the expiry of ninety days Published on 
from the date of its publication in the Government Gazette. 23 April 
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 . 
• AD. does not appear in t.1-J.e originalleA."t and is added for the benefit of easy reference only . 
•• Margin notes do not appear h"'1 the original tex, and are added for u.1e benefit of easy referen;;e only. 2002 
Definition IP.INII/THA/u 11 
Page 3 
"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 Producf' 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 t.~e establish.,.'nent of the intellectual property arId 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 
Se<:tion 5. Trade secrets are transferable. 
The trade secrets owner is emitled to disclose, deprive of, or use the trade 
secrets, or license someone else to disclose, deprive ot: or use the trade secrets. He may 
also stipulate any terms and conditions for the maintenance of the secrecy. Ministers 
in Charge 
Transfer of 
Trade 
Secrets IP IN 11ITHAIU 11 
Page 4 
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. 
Section 7. Any of the following acts against trade secrets shall not be 
considered an infringement: 
(1) Disclosure or use of trade secrets by a person who has obtained the trade 
secrets through a transaction without knowing or having reasonable cause to know that 
the other party to the transaction obtained the trade secrets through the infringement 
thereof 
(2) Disclosure or use of trade secrets by state agency which is responsible for 
their maintenance in the following circumstances: 
Ca) Wben it is necessary for the protection of public health or safety; or, 
(b) Wben it is necessary for the benefit of other public interests with no 
commercial purpose. In such case, the state agency which is responsible for the 
maintenance of trade secrets, or other -state agency or person concerned who has access 
to the trade secrets has taken reasonable steps for the protection of the trade secrets 
from being used in unfair trading activities. 
(3) Independent discovery i. e. discovery of a trade secret belonging to others 
by the researcher's own method of invention or development through his own expertise; 
or, 
(4) Reverse engineering i.e. discovery of a trade secret belonging to others by 
means of evaluation and analysis of a widely-known product with the intention to 
discover the method by which such product is invented, manufactured or developed, 
provided that the product was obtained in good faith by the person who conducted the 
evaluation and analysis. 
The act under (4) cannot be raised as a justification if the person who conducted 
reverse engineering expressly agreed othenvise with the owner of trade secrets or seller 
of the product_ Infringement 
of Trade 
Secrets 
Acts not 
Considered 
Infringement IP INII/THAIUIl 
Page 5 
Section 8. Where there is clear evidence that an infringement of trade 
secrets has been committed or is imminent, the affected or imminently to be aJ.-'fected 
controller of trade secrets has the following remedies: 
(1) Petition the court for an interim injunction, temporarily to stop the 
infringement of trade secrets, and; 
(2) File an action in the court for a permanent injunction, permanently to stop 
the infringement of trade secrets and claim damages from the wrongdoer. 
The petition under (l) may be filed prior to the action under (2). 
Section 9. .. Before taking any action under section 8, the controller of trade 
secrets who is affected or imminently to be affected by the infringement of trade secrets 
and the other party may agree to submit the dispute concerning trade secrets to the 
Board for conciliation or mediation. However, such submission shall not prejudice the 
right of either party to resolve the dispute through arbitration or litigation in the 
competent court should the conciliation or mediation fail to settle the dispute. 
The filing of request and procedure for conciliation or mediation of the Board 
under paragraph one shall be governed by the rules and methods prescribed in the 
:Ministerial Regulation. 
Section 10. No cases of trade secrets infringement shall be brought after three 
years from the date where the controller of trade secrets knows of the infringement and 
of the infringer, however, the period shall not exceed ten years from the date of 
infringement. 
Chapter IT 
Procedure for Trade Secrets Infringement 
Section 11. Where the controller of trade secrets files an action for injunction 
under section 8(2), and the court finds infringement of trade secrets but there are special 
circumstances where injunction should not be granted, the court may order the infringer 
to pay appropriate compensation to the controller of trade secrets and set appropriate 
time period for the use. 
In case where the court gra..'1ts an irJunction under section 8(2) stopping further 
infringement of the trade secrets, and if at a later stage, the trade secrets have been. 
disclosed to the public or have ceased to be trade secrets, the person enjoined by the 
court can file a petition to have the order rescinded. 
In an action for injunction under section 8(2), the controller of trade secret may 
request the court to order the destruction or confiscation of materials, apparatus, tools or 
other equipments used in the infringement of trade secrets. Injunctions 
Conciliation 
and 
Mediation 
Limitation 
Period 
Compensa­
tions and 
Ancillary 
Orders IP INI1ITHAIU 11 
Page 6 
The products that are manufactured by the infringement of trade secrets and are 
still vested in the ownership of the infringer shall be vested with the State or with the 
controller of trade secrets as so ordered by the court. In case where the possession of 
such product is illegal, the court may order its destruction. 
Section 12. In a civil suit filed by the controller of trade secrets for an 
infringement of manufacturing process that is a trade secret, uniess the contrary can be 
proved by the defendant, it shall be presumed that the defendant infringes the alleged 
trade secrets in manufacturing th~ product, if the controller can prove that the product 
manufactured by the defendant is the same as the product produced by using the 
controller's trade secrets. 
Section 13. In determining the measure of damages where an action under 
section 8 (2) has been filed, the court is empowered to apply the following rules: 
(1) In addition to the damages for the actual damage suffered, the court may 
include in the damages for the plaintiff, account of profits accrued from or in 
connection with the infringement by the infringer. 
(2) In case where the court is unable to measure the damages under (l), it may 
order such amount of damages to the controller of trade secrets, as it deems appropriate. 
(3) In case where there is clear evidence that the infringement of trade secrets 
is conducted will:fully or maliciously causing the trade secrets to cease the quality of 
secrecy, the court is empowered to order the infringer to pay punitive damages in 
addition to the amount of damages granted under (1) and (2). However, the punitive 
damages shall not exceed two times the amount of damages under (1) or (2). 
Section 14. In addition to the provisions of this Act, the enforcement of rights 
through court for protection of trade secrets and the procedure for trade secret litigation 
shall be governed by the legislation establishing the intellectual property and 
international trade court and its procedure. 
Chapter ill 
Maintenance of Trade Secrets by State Agencies 
-------------------------------------------------------------------
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 lvfinister. Presumption 
of 
Infringement 
on the 
Defendant 
Account of 
Profits and 
Punitive 
Damages 
Applicable 
Procedural 
Law 
Maintenance 
of Trade 
Secrets by 
State 
Agencies IP /NIl ITIIA/U/l 
Page 7 
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 
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 fot 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. Composition 
of the Trade 
Secrets 
Board 
Conflict of 
Interests 
Office IP 1Nl I ITHAIU 11 
Page 8 
Section 19. Apart from expiry of term of office, Chairman or member of the Disqualifi-
Board shall vacate the office in the following circumstances: cations 
(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. Quorum 
and Vote 
Powers and 
Duties of 
the Board IP/N/I/THA/U/l 
Page 9 
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 wntmg, 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. 
If the delivery cannot be effected in accordance with paragraph one, or the 
recipient has left the Kingdom~ the delivery shall be ~ffected 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 ofIntellectual Property has the general powers and 
duties to perform concerning trade secrets under this Act, and in particular to be 
responsibl~ 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. Sub­
Committee 
of the 
Board 
Power to 
Subpoena 
and Request 
of 
Information 
Means and 
Service of 
Communica 
-tion<: 
Powers 
and Duties 
of DIP in 
Relation to 
Trade 
Secrets 
Status of 
Board IP 1N111THA1U 11 
Page 10 
Chapter V 
Competent Officer 
Section 27. b performing ris duty concerniTlg 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 cOlTh-nission 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 corrmlitted. 
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 
Section 31. Whosoever obstructs tb.e 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. Wnosoever not gIvmg 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 bilit, or both. Powers of 
Competent 
Officer 
Assistance 
Accorded to 
Competent 
Officer 
Production 
of ID Before 
Operation 
Status of 
Competent 
Officer 
Obstruction of 
Competent 
Officer in 
Duty 
Not 
Cooperating IP /N/l/TRAIU 11 
Page 11 
Section 33. Whosoever discloses a trade secret of other person to the public in 
the ma.'111er 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 t.D.ousand 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, unlawful1y 
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 tvv'O 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, non-instruction 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 impo'sing 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 inqui.ry 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. Disclosure 
of Trade 
Secrets 
Disclosure or 
Use of Trade 
Secrets by 
Official 
Disclosure 
of Facts by 
Official 
Liability of 
Corporate 
Officer 
Compoundable 
Offences 
Settlement of 
Criminal 
Offence by 
the Board IP!N1l ITHAIU 11 
Page 12 
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 
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 
NO!E: -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. Transitional 
A..-range­
ments 