พระราชบัญญัติความลับทางการค้า พ.ศ. 2545 : ศึกษาข้อยกเว้น ที่ไม่เป็นการละเมิดสิทธิในความลับทางการค้า

Abstract

This independent study focuses on exemption to the infringement under Trade secrets Act B.E.2545 article 7. Nowadays economic development has rapidly changed and there is a continuity of business competition. Trade information plays important role in the business competition because the information is recognized by entrepreneur as a key for successful business competition. The little disclosure of the trade secret may lead to effect on business. In Thailand, although the Trade Secret Act B.E.2545 has been passed in order to protect trade secret for business organization, there also has some exception which may contravene with the purpose to protect trade secret owner. This independent study presents that there are various restrictions which are considered as unfair to business who owns trade secret. Under the exemption clause in the Trade Secret Act, a disclosure of the trade secret is considered as non-infringement and there is no compensation to the owner of the trade secret. This is because there is no clear measure regarding to the protection of trade secret when there is a conduct under the exemption clause. It can then lead to dispute over the trade secret as the trade secret is non-registerable. The owners of the trade secret thus have to create their own mechanism to protect their trade secret. The owners have to rely on the mutual trust with contracting businesses in making a disclosure of the trade secret. In addition, in consideration to the trade infringement, there is lack of penalty to the infringement of the trade secret when comparing to the loss to owners of trade secret. The study thus proposes that there should be an improvement on Trade Secrets Act B.E.2545 basing international experience in order to establish modernized protection on trade secret.