Santi Rattanasuwan, deputy director-general of Thailand's Intellectual Property Department, said the law more clearly defines and protects new types of creativity in the form of information, facts and formulas that play a significant role in production and business operations.
Although the Trade Secrets Act is not specific to the advertising industry, the official said it could still be used to protect marketing information and prohibit product owners from copying creative works presented to them during pitching sessions if the work has not been formally commissioned.
Parames Rachjaibun, president of the Advertising Association of Thailand, said ad agencies could take advantage of the law by proposing that their clients sign contracts which clearly spell out what constitute trade secrets.
Edward Kelly, director of the Thailand intellectual property division of law firm Tilleke & Gibbins, warned that the best way to protect intellectual property was to be careful how and with whom it is shared.
"When in doubt, label your work as secret and confidential, Kelly added.
In the absence of any clause regarding the confidentiality of information shared in a pitch, the agency can ask that an agreement be signed which guarantees the rights of the agency and labels its information as trade secrets.
"The action that an agency can take depends very much on the terms set out in the request for proposal, Kelly said.
However, Parames stressed that the law, while it may have benefits for the industry, could also have negative effects.
He expressed concern that agencies would rely on the law in lieu of maintaining good relations with marketers.
According to Parames, the industry would not know the true impact of the law for a few months.
Sara Fielding of Bangkok-based ad consultancy, Adarco, said: "Anything that helps to protect the agencies during a pitch is welcome. The pitching system needs to be more tightly controlled."
