Services
Trade Secrets and Confidential Information in Thailand
Trade secret protection in Thailand, from confidentiality agreements and internal measures to action against misuse.
Overview
Keeping valuable information confidential
Formulas, manufacturing processes, source code, customer data and business plans are often worth more than any registered right. Thailand’s Trade Secrets Act protects this information without registration, but only while it stays secret and its owner takes reasonable measures to keep it that way.
We advise manufacturers, technology companies, brand owners and overseas counsel on trade secret protection in Thailand. Clients typically instruct us when they are:
- Sharing know-how with a manufacturer
- Hiring or losing key employees
- Entering a joint development project
- Choosing between patent and secrecy
- Suspecting information has been misused
- Preparing for investment or due diligence
What we do
Our trade secret services
Trade secret audits
Identifying and classifying valuable business and technical information, and reviewing whether it is currently protected.
Confidentiality agreements
Drafting and reviewing non-disclosure agreements with partners, suppliers, manufacturers, investors and prospective buyers.
Employment protections
Confidentiality and post-employment clauses for employees and contractors, and advice when key staff join or leave.
Internal protection measures
Policies and practical measures that restrict access to confidential information and show that reasonable steps have been taken.
Business arrangements
Protecting know-how and confidential information shared under licences, manufacturing, joint development and supply agreements.
Misuse and disputes
Preserving evidence, sending demand letters and advising on civil and criminal action where confidential information is misused.
Local practice
What to know about Thai trade secret law
Points that often decide whether confidential information can actually be protected and enforced.
Reasonable measures are essential
Information is protected only if its owner has taken reasonable measures to keep it secret. Without them, a claim may fail even where information was taken.
Reverse engineering is lawful
Independently developing the same information, or discovering it through reverse engineering of a lawfully obtained product, is not an infringement.
Post-employment restrictions
Non-compete and non-solicitation clauses are generally enforced only to the extent they are reasonable in scope, duration and territory.
Act promptly on misuse
Claims are subject to limitation periods, and evidence can disappear quickly, so suspected misuse should be investigated without delay.
FAQs
Trade secret protection in Thailand: common questions
What qualifies as a trade secret in Thailand?
Under the Trade Secrets Act, a trade secret is commercial information that is not generally known or readily accessible, has commercial value because it is secret, and is subject to reasonable measures by its controller to keep it secret.
Do trade secrets need to be registered?
No. Trade secrets are protected without registration, for as long as the information remains secret and reasonable measures are maintained. This makes internal controls and written agreements especially important.
Should I protect an invention as a trade secret or with a patent?
A patent gives exclusive rights for a fixed term but requires the invention to be disclosed. A trade secret can last indefinitely but offers no protection against independent development or reverse engineering. The right choice depends on how easily the invention can be discovered from the product itself.
What remedies are available for trade secret misuse?
Remedies can include court orders to stop the use or disclosure of the information and compensation for damage, with additional damages possible where misuse was intentional. Certain acts can also give rise to criminal liability.
Are non-compete clauses enforceable in Thailand?
Generally, yes, to the extent they are reasonable. Restrictions that are excessive in scope, duration or territory may be limited by the court, so clauses should be tailored to the role and the information involved.
Related services
Protecting information in other ways
Patents and Petty Patents
Patent protection where disclosure in exchange for exclusive rights is the better choice.
Commercialisation
Licensing and technology transfer agreements that protect shared know-how.
Dispute Resolution
Representation in proceedings concerning misuse of confidential information.
Contact the firm
Discuss your confidential information
Contact us about a confidentiality agreement, protecting know-how shared with others, or suspected misuse of information in Thailand.