Problems in Asking for Punitive Damages in the Trade Secrets Act, B.E. 2545

Abstract

This qualitative research aims to study about the punitive damages according to the Trade Secrets Act, B.E. 2545. The main points are; the Trade Secrets Act applied punitive damages for the first time, which caused some problems because it was unclear about its scope of utilization. Moreover, there is no definition of the punitive damages in the Act. So, the researcher suggests that the definition of punitive damages should be added to the Trade Secrets Act, to make it clearer.

In addition, punitive damages contain some limitations; the court shall have the right to determine the compensation to punish a person only in the case that that person acts with intention or deliberation to disclose the trade secrets. For other acts, the punitive damages cannot be applied because they are too limited. If the defendant acts with intention or deliberation, trade secrets need also to be proved to have been revealed. If the defendant can prove that the trade secrets have not been disclosed, then

For the process of the case of asking for punitive damages, it is
the duty of the plaintiff to prove the error and he has to ask for
punitive damages according to the code of civil law, article 142.

Punitive damages are not the law concerning public order, if the plaintiff does not ask for punitive damages; the court will not be able to award them. The plaintiff needs to prove that the damages happened, and he suffered the result of those damages. It is the power of the court to determine the punitive damages by considering all documents and proof. The proceedings should be confidential.

compensation for punitive damages cannot be applied.