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April 29, 2011

Duplication of Your Business by Your Former Employees

Informed Counsel

In our experience, many clients have regretted trusting their employees—and in some cases, their business partners—with their intellectual property rights. When a business becomes successful, it runs the risk of some employees or business partners believing that they could set up a similar business and apply key insights gleaned from the company’s IPR to attract the same customers and gain greater profits and market share. When the fortunes of a business decline, a company may have to watch out for business partners or employees deciding to jump ship and setting out to utilize the IPR in what they hope will be a more effective fashion. As the examples in this article indicate, precautions should be taken from the outset to avoid either scenario.

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Tilleke & Gibbins’ intellectual property specialists have authored the Thailand chapter of Trade Secrets 2026 from Chambers and Partners. This global guide examines the legal frameworks governing trade secret protection, enforcement, and litigation across jurisdictions worldwide. The Thailand chapter provides a comprehensive overview of the country’s legal regime for protecting confidential business information, covering the legal framework, trade secret misappropriation, litigation procedures, remedies, and dispute resolution. Some topics covered include: Protectable trade secrets Reasonable measures to maintain secrecy Employee confidentiality Trade secret licensing Civil and criminal remedies Litigation procedures and injunctions Damages and other remedies Mediation and arbitration The guide also examines practical issues relating to safeguarding trade secrets, defending against allegations of misappropriation, and managing trade secret disputes in Thailand. Chambers and Partners’ Global Practice Guides provide in-house counsel with authoritative commentary on practical legal issues affecting business, enabling readers to compare legislation and procedures across multiple jurisdictions. The Thailand chapter of Trade Secrets 2026 is available as a PDF through the button below. The full guide can be accessed for free on the Chambers and Partners website.