An Analysis of legal Measures on Trade Secrets in Thailand compared to Foreign Laws: A Case Study of Muang Phet Thai Custard Product

Abstract

The recipes of Muang Phet Thai custard and other Thai food products are traditional knowledge of the Thai people which remains a trade secret and undisclosed information under Article 39.2(b) of the TRIPS Agreement. The food product recipes are protected under Article 3 of the Trade Secrets Act B.E. 2545 of Thailand and the legal measures for trade secrets of the TRIPs member states. However, the TRIPS Agreement is based on the principle of minimum standards. Therefore, the TRIPs member states have promulgated different legal measures for trade secrets in each state. Thailand should continue using the Trade Secrets Act B.E. 2545 (sui generis) to protect the commercial exploitation and preservation of traditional knowledge in food product recipes. Thailand should further amend this law in some aspects, such as adding technology information to the definition of trade data, enhancing provisions to guarantee the rights of the employees to trade secret, implementing the registration of trade secrets with the Department of Intellectual Property, and enhancing administrative remedies. With all these amendments, Thailand must comply with the TRIPS Agreement obligations and draw lessons from the experiences of countries selected for studying in their implementation of trade secret law measures