Trade Secrets

We advise companies on how to identify, secure, and enforce trade secret rights under Thailand’s Trade Secrets Act B.E. 2545 (2002). Our services are designed to ensure that confidential business and technical information is legally protected and commercially valuable over the long term.

Assessing and defining trade secrets

We help clients determine whether specific business or technical information meets the legal criteria of a trade secret: namely, that it is not generally known, has commercial value due to its secrecy, and is subject to reasonable protective measures. We assist in evaluating internal practices to ensure they meet the threshold of “appropriate measures” under Thai law and international standards.

Preventive measures and compliance

Prevention is critical to maintaining trade secret protection. We assist clients in developing robust internal protocols, including confidentiality agreements, employee NDAs, access controls, and information security systems. Our team also reviews existing arrangements to assess their adequacy and recommend improvements tailored to each client’s operational environment.

Enforcement and legal remedies

In the event of misappropriation or unauthorized disclosure, we represent clients in civil and criminal proceedings before the IP & IT Court. Remedies may include injunctive relief, claims for damages, and requests for destruction of infringing materials. We also handle cases involving acts deemed contrary to honest commercial practices, including breach of contract, inducement, and espionage.

Advising on patent vs. trade secret strategy

For inventions and technical processes, we guide clients in deciding whether to seek patent protection or to maintain secrecy. This includes assessing the risk of reverse engineering, the feasibility of long-term confidentiality, and strategic use of both systems in parallel. We also advise on maintaining trade secret protection even after related patents are published.

Dispute resolution and litigation support

Our team has experience in handling complex disputes where trade secrets are disclosed maliciously or in breach of contractual or legal obligations. We advise on time limits for action, the burden of proof, and how to build a strong evidentiary record, both pre-litigation and in court.