Abstract:
To study the problems and obstacles pertaining to the trade secret definition of the Trade Secret Act B.E. 2545. This study focuses on revealing ambiguity and unsuitability of the trade secret definition in the Act. In this research, comparative study and analysis of legal provisions, law textbooks, academic publications and court judgments relating to trade secret protection under foreign jurisdiction are made in order to provide guidance and resolution that will improve the provision of the trade secret definition and increase efficiency on the law enforcement. The result obtained from the study shows two main problems relating to the trade secret definition of the Trade Secret Act B.E. 2545, i.e. problems of broad and unclear definition and problems in interpreting some terms incorporated in the definition. Such problems cause instability and unpredictability for trade secret owners/controllers with regard to their exercise of rights and their burden of proof in trade secret infringement proceedings. Furthermore, the broad definition could inhibit individuals from using other general information which should not be considered as trade secrets, and be an obstacle to fair trade competition and to technology development. In an effort to solve the aforementioned problems, the study introduces several approaches, i.e. amendment and improvement of the provisions relevant to the trade secret definition, addition of duties to the involved public organizations for enhancing efficiency on applying the law, encouraging trade secret owners/controllers to systematically keep their secret information and implement appropriate measures to maintain secrecy, setting up guidance for separating trade secret information from other information each individual has freedom to use, and for interpreting and applying the legal provision in case there are confidential agreements between parties.