Abstract:
Studies the provisions on rules governing infringement of trade secret rights and the exceptions thereof as regards third parties under the Trade Secrets Act B.E. 2545 (2002). The study seeks to identify problems arising from ambiguities in the rules on trade secrets infringement provided in section 6, which fail to include the acts of third parties, as well as problems arising from and the suitability of exceptions to trade secrets infringement provided in section 7 (1), which exclude liabilities only for bona fide third parties acquiring trade secrets from juristic acts. The analysis also examines the scope and extent of permissible use or disclosure of trade secrets by bona fide third parties excluded from liability, and the existence and extent of liability of bona fide third parties acquiring trade secret through means other than the transaction of juristic acts. Results obtained from studies of legal provisions, law textbooks, academic publications and court judgments pertaining to the rules governing infringement of trade secret rights under foreign jurisdictions reveal that the rules on infringement of trade secret rights and the exceptions thereof, including remedies for third party liabilities, under the Trade Secrets Act B.E. 2454 (2002), differ from the corresponding rules under foreign law. This study has identified certain flaws in the rules and remedies with respect to the acts of third parties under the Trade Secrets Act B.E. 2545 (2002), In this regard, proposals have been made for modifications of existing laws through amendments to the rules on infringement of trade secret rights under section 6, exceptions to trade secrets infringement provided in section 7 (1) and the provision on remedies in section 11. It has also been suggested that judicial interpretation, where related to third parties, should follow the approach adopted by other jurisdictions. It is expected that these proposals would lead to greater effectiveness in the protection of trade secrets in line with the intentions of the said Act.