* This text has been prepared for information and comprehensive purposes only and contains no legal force in 
any case whatsoever. The Department of Intellectual Property shall assume no responsibili ty for any liabilities 
arising from the use and/or reference of this text. The original Thai text as formally adopted and published in the 
Government Gazette shall in all circumstances remain the sole authority having legal force.  TRADE SECRETS ACT B.E. 2545  (2002) 
AMENDED BY TRADE SECRET S ACT (NO. 2) B.E. 2558  (2015)* 
    
 
BHUMIBOL ADULYADEJ , 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 p leased 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 Sectio n 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 b e 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 publi cly 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 i nformation” 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 wit h 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 t hat 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 t he testing result or trade information 
that is a trade secret. It shall also include the transferee under this Act.  - 2 - 
 
“Controller of Trade Secrets” means the owner of trade secrets. It shall also 
include the possessor, controller, or caretaker of the trade s ecrets.  
“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 pers on 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 sha ll 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 public ation  
in the Government Gazette.  
 
Chapter 1  
Protection of Trade Secrets  
 
Section 5 Trade secrets are transferable.  
The trade secrets owner is entitled to disclose, deprive of, or use the trade 
secrets, or license someone else to disclose, deprive of, or us e 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 s 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 b e 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.  - 3 - 
 
(2) Disclosure or use of trade secrets by state agency which is responsible for 
their maintenance in the following circumstances:  
(a) When it is necessary for the protection of public health or safety; or,  
(b) When it is n ecessary 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 ow n 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 develop ed, 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 otherwise with the owne r of trade secrets or 
seller of the product.  
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 affected 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 wrong doer.  
The petition under (1) 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 par ty 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 s hould  
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 2  
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 - 4 - 
 
pay appropriate compensation to the controller of trade secrets and set appropriate time 
period for the use.  
In case where the court grants an injunction under Section  8(2) stopping 
further infrin gement 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 unde r Section  8(2), the controller of trade secret s 
may request the court to order the destruction or confiscation of materials, apparatus, tools or 
other equipments used in the infringement of trade secrets.  
The products that are manufactured by the infringeme nt 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 d estruction.  
Section 12 In a civil suit filed by the controller of trade secrets for an infringement  
of manufacturing process that is a trade secret, unless the contrary can be proved by the defendant,  
it shall be presumed that the defendant infringes the a lleged trade secrets in manufacturing 
the 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 wher e 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 i n connection with 
the infringement by the infringer.  
(2) In case where the court is unable to measure the damages under (1), it may 
order such amount of damages to the controller of trade secrets, as it deems appropriate.  
(3) In case where there is clear e vidence that the infringement of trade secrets 
is conducted willfully 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 grant ed 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 pro cedure for trade secret litigation shall 
be governed by the legislation establishing the intellectual property and international trade court  
and its procedure.  
 
Chapter 3  
Maintenance of Trade Secrets by State Agencies  
 
Section 15 In cases where the law req uires 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 - 5 - 
 
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 Minister.  
The regulations under paragraph one shall, as minimum requirements, co ntain 
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 m aintained;  
(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 4  
The Trade Secrets Board  
 
Section 161 There shall be a board called “Trade Secrets Board” comprising of  
(1) the Permanent Secretary of the Ministry of  Commerce as the Chairperson;  
 (2) the Director -General of the Department of Intellectual Property as the D eputy  
Chairperson;  
 (3) the Director -General of the Department of Agriculture and the Secretary -
General of the Food and Drug Administration as members;  
 (4) Qualified members appointed by the Cabinet from persons having knowledge,  
capability, expertise and  experience in agriculture, information technology and communication,  
law, commerce, medicine, pharmacology, science, engineering, economics, industry or other 
fields useful for the execution of this Act, at least six of whom shall come from the private se ctor. 
The Board shall appoint government officials of the Department of Intellectual 
Property as the Secretary and the Assistant Secretary.  
Section 172 (Repealed ) 
Section 183 A qualified member shall hold office for a term of four years.  
Where a qualified member vacates office before the expiration of the term, or 
where the Cabinet appoints an additional member during the term of the previously  
appointed members, the replacement member or the additional member shall hold office for 
the remaining term of the  previously appointed members.  
At the expiration of the term under paragraph one, if a new qualified member 
has not been appointed, the qualified member whose term of office has expired shall continue 
to hold office to further perform until a newly appoint ed qualified member performs duties.  
                                                 
1 Section 16 a mended by Trade Secret s Act (No. 2) B.E. 2558  
2 Section 17  repealed by Trade Sec rets Act (No. 2) B.E. 2558  
3 Section 18  amended by Trade Secret s Act (No. 2) B.E. 2558  - 6 - 
 
A qualified member who vacates office upon the expiration of the term may be 
re-appointed but may not hold office for more than two terms  
Section 194 Apart from vacating office at the expiration of the term, a qualifie d 
member shall vacate office upon  
(1) death;  
(2) resignation;  
(3) dismissal by the Cabinet;  
(4) malfeasance or dishonesty or incapability;  
(5) being bankrupt;  
(6) being incompetent or quasi -incompetent;  
  (7) imprisonment under a final imprisonment senten ce unless for an offence of 
negligence or for a petty offence.  
Section 20 At a meeting of the Board, the presence of not less than one -half of 
the total number of the members is required to constitute a quorum.  
5The Chairperson shall preside over the meeti ng. Where the Chairperson does not  
attend the meeting or is unable to perform duties, the Deputy Chairperson shall preside over 
the meeting. If the Chairperson and the Deputy Chairperson do not attend the meeting or  
are unable  to perform duties, the member s present shall select one of them to preside over  
 the meeting.  
Decisions at a board meeting shall be by a majority of votes. Each member 
shall have one vote. In case of a tied vote, the presiding Chairperson shall have an additional 
casting vote.  
6Any me mber having an interest in the matter being considered shall not 
participate in the meeting in such matter.  
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 unde r this Act.  
(3) Conduct conciliation or mediation involving trade secret s disputes as 
requested by the parties.  
(4) Perform other functions within the scope of its duties as prescribed by law.  
Section 22 The Board may appoint a sub -committee to consider, ma ke 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.  
                                                 
4 Section 19  amended by Trade Secret s Act (No. 2) B.E. 2558  
5 Section 20 paragraph two amended by Trade Secre ts Act (No. 2) B.E. 2558  
6 Section 20 paragraph four amended by Trade Secret s Act (No. 2) B.E. 2558  - 7 - 
 
Section 23 Except in the case of Section 21(3), in performing the duties under 
this Act, the Board has th e 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, documen ts or materials 
requested.  
Section 24 Any subpoena, notifications or communications in writing, 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 othe r 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 effected by posting the same at a clearly visible 
site at the domicile, place of resid ence 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 effecte d, 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 of Intellectual Property has the general powers 
and duties to perform concerning trade secrets under this Act, and in particular to be 
responsible for administration, meetings, research, an d 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 Boar d. 
Section 267 In the performance of duties under this Act, the Board members 
shall be the competent officers under the Penal Code.  
 
Chapter 5  
Competent Officer  
 
Section 27 In performing his duty concerning a criminal case under this Act,  
 a competent offi cer 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 obje cts were obtained or produced by the commission of 
an offence or were used in the commission 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 re sult 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 h as been committed.  
                                                 
7 Section 26 a mended by Trade Secret s Act (No. 2) B.E. 2558  - 8 - 
 
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 identit y 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 a n official under the Criminal Code.  
 
Chapter 6  
Penalties  
 
Section 31 Whosoever obstructs the 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 Whosoever not giving 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 baht, or both.  
Section 33 Whosoever discloses a  trade secret of other person to the public in 
the manner 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 thousand baht, or both.  
Section 348 Any person, by his or her position to maintain trade secrets in 
accordance with th e rules prescribed under Section 15 paragraph one, unlawfully disclosing 
or using such trade secrets for his or her or other persons’ benefits, shall be liable to 
imprisonment for a term of not more than two years or a fine not exceeding two hundred 
thousa nd baht, or both.  
Section 359 Any person disclosing certain facts concerning the business of  
 the controller of trade secrets which should normally be kept confidential and which he or 
she has obtained or known in the course of the performance of duties un der this Act, shall be 
liable to imprisonment for a term not exceeding one year or a fine not exceeding one hundred 
thousand baht, or both, except for disclosure in the course of an official duty or for  
the purpose of an investigation or legal proceedings.  
Any person obtaining or knowing certain facts from the person under 
paragraph one in the course of an official duty or investigation or legal proceedings, discloses 
such facts shall be similarly liable.   
Whosoever discloses facts, which have been obtaine d or aware of as a result of 
his engagement in official duty, investigation or legal proceedings shall be subject to the same  
liability.  
                                                 
8Section 34  amended by Trade Secret s Act (No. 2) B.E. 2558  
9Section 35 paragraph one  amended by Trade Secret s Act (No. 2) B.E. 2558  - 9 - 
 
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 imposing a fine on the offender. In this respect the Board shall have  
the power to assign a sub -board, the Director -General, an inquiry o fficial, 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 inquiry official in an investigation finds that  
a person commits an offence unde r 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 fail s 
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  
 - 10 - 
 
Remarks :—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.  
 
Published in the Government Gazette volume 119 part 36a, dated 23 April B.E. 2545 (2002)  
 
 
Trade Secrets Act (No. 2) B.E. 255810 
 
Remarks: The reasons for enactment of this Act are as follows.  As certain provisions of the 
Trade Secrets Act B.E. 2545 form an obstacle to the appointment and the performance of 
duties of the Trade Secrets Board members and as the pena lty imposed on the controller of 
trade secrets and the revealer of facts obtained or known from the performance of work under 
this Act does not conform to the current situation, it is expedient to revise the said provisions 
for more appropriateness. It is,  therefore, necessary to enact this Act.  
 
Section 1  This Act shall be called the “Trade Secrets Act (No.2) B.E. 2558”.  
Section 2  This Act shall come into force the day after the date of its 
publication in the Government Gazette.  
 
Countersigned by  
 
General Prayut Chan -o-cha 
Prime Minister  
 
Published in the Government Gazette volume 132 part 6a, dated 5 February B.E. 2558 (2015)  
 
    
Compiled by Puttipat Jiruschamna  
 
                                                 
10 Translated by Boonma Tejavanij a