Abstract:
When the Owner of the trade secret, in the matter of new drug and the agricultural chemical product, submit for the permission to produce, import, export and sell that products. The permission of the bureau or government will require full or part of the trade secret information, in the pattern of the test or any other information which acquired form the production, discovery or creativity, which had to required a lot of endeavor. When the owner desire to put their trade secret into the protection of the government and the owner already submit the motion for that protection, then the government will commit to protect their secret and make sure that it never be disclose, taken or use in commercial unjust way but there is a legal problem that the extension of the protection by government are sufficient enough to respond the need of the owner. This assertion, the researcher intent to study the Thailand trade secret act, especially in the matter of the government protection on trade secret according to the trade secret act B.E. 2545 and other relevant act. This process of study will demonstrate the problem on the government protection and figure the best solution to solve that problem. This assertion combine the database from act, decision, article and text book which concerned to the rule and code of the Thailand trade secret protection. From the study, we founded that Thailand government trade secret protection is cohere with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs). This because the minimum legal adaptation from the Trips Agreement section 39 but there still have some flaw in that adaptation, in the matter of inadequate, clearness, just and the mutual proficiency on the owner, governmental officer and country. This mean we still lack the protection in the documental examine process which the owner file the motion for drug and the agricultural chemical product and while been disclosed or used by the government bureau. Moreover we still lack the efficiency rule and term for the trade secret protection motion to the government bureau including the over punishment on the ground of disclose and use the trade secret by the officer, who responsible for the protection of the new drug and the agricultural chemical product which include the attach information the came along with the permission motion in production, import, export or sell the new drug and the agricultural chemical product. So this assertion will recommend that we should establish the adequate, clear and just code, rule and term in the protection of the trade secret by the government bureau which benefits owner, officer and country.