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Guidebook Doing Business and Investment in Thailand 2020

Intellectual Property

“Patent” means a document issued to grant protection for an invention or a design under the provisions.

Trade Secrets

Trade Secrets

“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.

“Owner of Trade Secrets” means the person who discovered, invented, complied or created the trade information that is a trace 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.

Right of trade secrets owner

  • Trade secrets are transferable
  • Entitled to disclose, deprive of, or use the trade secrets, or license someone else to disclose, deprive of, or use the trade secrets.

The infringement of trade secret

Disclosure, deprivation or usage of trade secrets without the consent of the owner in a manner contrary to honest trade practices.

Where there is clear evidence that an infringement of trade secrets has been committed or is imminent, the affected or imminently to be affected controller or trade secrets has the following reminders:

  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.