Article by Mrs Parichart Jaravigit and Mr Edward J. Kelly IV
Thailand, as a member of the World Trade Organization (WTO), is obligated to enact laws to protect "undisclosed information," or trade secrets, in order to be in compliance with Article 39 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPs Agreement). Article 39 states that the member states must ensure effective protection of trade secrets against unfair competition, as provided in Article 10 bis of the Paris Convention (1967). Furthermore, the Trade Secret Act (TSA) has been drafted in order to support the operation of free trade and to protect against unfair business practices.
The draft TSA has been proposed by Thailand’s Ministry of Commerce and is now being considered by the members of the House of Representatives and the Senate. The consideration is presently very fluid, with the Senate having made some amendments to the draft, and the House of Representatives having disagreed with
