Generally, there are two types of trade secrets protected under the
Trade Secrets Act, B.E. 2545 (2002): information and data or test
results.
“Information” includes formulae, technical procedures and designs,
compiled or assembled works, or business operation methods that the
proprietor normally preserves from disclosure. The information must
have commercial value and must not yet be widely known or known
by people in the trade. The proprietor of the information must have
taken lawful steps appropriate to the situation to keep the information
secret. Data or test results require considerable effort to prepare and,
in general, are submitted to state agencies as a condition upon
approval being granted to import, export, or sell drugs or new
agricultural chemical substances.
Generally, infringement under the Trade Secrets Act is subject to civil
action. Only in certain circumstances will the infringement also be
subject to criminal action. All infringement, both civil and criminal,
can be submitted to the Trade Secrets Committee for conciliation or
settlement out of court.