• Matinee has declined request by the fashion industry to publicly discuss her success based

on the Face program

• Matinee is the only one authorized to utilize the program.Others employees are not
permitted to access or utilize the face program
• The Face program led to 25% increase in chance of model being booked and helped the
agency earn more revenue and attract more clients.
• Non-disclosure and non-compete clause in employment agreement signed by current and
former employees
◦ Criteria of trade secret
‣ Sec3 trade secret
• Not yet publicly known
• Commercial value
• The controller of the trade secrets has taken appropriate measures
to maintain the secrecy

• The face program is installed in Metinee’s personal computer.Metinee’s

assistant,Namtip(2011-2016) works with Metinee’s in her private office when the computer is
on.
• There is a non-disclosure and non-compete clause in employment agreement signed by all
current and former employee (including Namtip)
• 2016,Namtip left The Pretty Face and opened her own modeling agency, called The
Beauty.She uses the same model assessment method as The Pretty Face.
• Metinee believes that Namtip copy the face program from her personal computer because
Namtip is unlikely to develop such program on her own.
◦ The definition of infringement of trade secret
‣ Sec6 the infringement of trade secret are
• The act of deprivation or usage of trade secrets
• Without the owner’s consent
• In a manner contrary to honest trade practices
◦ Breach of contract
‣ Non-disclosure and non-compete clause in
employment agreement signed by former employee
◦ infringement of confidentiality
• The infringer must be aware or has a reasonable cause to be aware
that such act is contrary to honest trade practices
◦ Independent discovery
‣ Sec7 (3)
• discovery of others’ trade secret
• By researcher’s own method of invention or development
• Through his own expertise

• Metinee is concerned about The Face program potential loss of value

• Metinee would like Namtip to stop using the program to generate looks for model in
Namtip’s agency
◦ Injunctions
‣ Sec8 Where there is a clear evidence that an infringement of trade secrets
has been committed
• the affected controller of trade secrets shall file an action in the court
 ◦ for a permanent injunction,
◦ permanently to stop the infringement of trade secrets and
◦ claim damages from the wrongdoer

◦ Compensation and ancillary order

‣ Sec 11 under sec(2)
• (Para1)the court may order the infringer to pay appropriate
compensation to the controller of trade secrets and set appropriate time period for the use
• (Para3)In an action for injunction,the controller of trade secret may
request the court to order the destruction or confiscation of materials,apparatus,tools or
equipments used in the infringement of trade secrets.

◦ Limitation period
‣ Sec 10 cases of such infringement shall be brought
• within three years from the date when the controller of trade secrets
knowns of the infringement and of the infringer,however,
• shall not exceed ten years from the date of infringement