Trade secrets and geographical indications

The Trade Secrets Act B.E. 2545 protects trade information that is not generally known, has commercial value because it remains undisclosed, and is kept secret by appropriate measures taken by the controller. No registration is required and there is no fixed term as long as secrecy is maintained. A controller may notify particulars to the Department of Intellectual Property for reference purposes.

In practice it means measures provable in court, such as confidentiality agreements with staff and partners, need-to-know access control, system access logging, classification markings on documents, and a process for returning or destroying information when a relationship ends. Without such measures the information may fall outside the statutory definition of a trade secret.

A geographical indication is a name or symbol used with goods whose quality or reputation derives from that geographical origin, protected under the Geographical Indications Protection Act B.E. 2546. Applicants may be government agencies in the area, groups of producers or groups of traders in that origin. The resulting right is shared among qualifying producers in the area rather than being an exclusive right of one person.

Define confidential information precisely with the standard carve-outs, state how long obligations survive termination, name the governing law and the dispute forum, and verify from the company affidavit that the Thai signatory actually has authority. If the agreement may be used before a Thai authority or court, prepare a bilingual version and state which language prevails on conflict.

Typically a certificate of incorporation or a certificate of good standing issued within the last six months, evidence of the signatory's authority, and a power of attorney stating the mandate clearly. Every document needs a Thai translation with the translation certified. Company and signatory names must be spelled identically across all papers, since a single-letter difference is the most frequent cause of office actions.

The external shape or pattern applied to a product, where new, for ten years from filing. It does not protect function or technical principle. Public disclosure before filing destroys novelty, so file before launch or at least control disclosure with confidentiality agreements.

The Trade Secrets Act B.E. 2545 protects information that is not generally known, has commercial value from its secrecy, and is subject to reasonable protective measures by the owner. There is no fixed term while secrecy is maintained. In practice you need confidentiality agreements with staff and partners, access restrictions, and evidence those measures were genuinely applied.

Applicants are usually local producer groups or government agencies. They must show that the quality or reputation of the product is linked to the geographical origin, and provide a code of practice with a quality control system. Once registered, compliant local producers may use the name and others may not use it confusingly.

Thai registrars require specific itemised goods and do not accept whole class headings. Drafting too broadly triggers an office action to amend, which costs time; drafting too narrowly leaves future products unprotected. The workable approach is to list every product actually sold at the filing date, add items planned for the near term, and use the standard wording published in the Department's list of acceptable goods.

The Trade Secrets Act protects information that is not generally known among people in the relevant circles, has commercial value because it is secret, and is subject to reasonable measures to keep it secret. Protection lasts as long as secrecy is maintained. Measures courts look for include confidentiality agreements with staff and partners, restricted file access, confidentiality markings on documents, and access logs.

A geographical indication protects the name of a place used for goods whose quality or reputation derives from that place. The right belongs to producers in the area who follow the published quality-control manual, not to a single owner, whereas a trademark is an exclusive right to indicate commercial origin. Producers wanting to use a registered GI must apply to be listed and pass inspection under the control system.

The authorised signatory normally signs before a notary public or a Thai consular officer in that country. The signature is then certified through that country's chain and by the Royal Thai Embassy or Consulate. Once in Thailand the document is translated into Thai and the translation is certified by the Legalisation Division of the Department of Consular Affairs before filing with the Department of Intellectual Property. Draft the mandate broadly enough to cover filing, amendments, appeals and receipt of registrar notices.

No registration is needed. Protection applies where the information is not generally known, has commercial value because it is secret, and the owner has taken reasonable steps to keep it confidential. Courts look for confidentiality agreements with staff and partners, restricted file access, confidentiality markings and access logs. Without that evidence, a trade secret claim is very difficult to sustain.

A registered trademark in the classes matching the goods and services, a franchise agreement granting the licence with quality control provisions, an operations manual protected as both copyright and trade secret, and pre-contract disclosure documents required by the applicable regulations. Where the franchisee is overseas, fix the governing law and dispute resolution forum expressly from the outset.

The Trade Secrets Act protects information that is not generally known, has commercial value because it is secret, and is subject to reasonable protective measures by the owner. In practice, classify documents, restrict access, sign confidentiality agreements with staff and partners, and keep access logs as evidence.