Intellectual Property & Information Technology Laws Division

By Vijay Pal Dalmia, AdvocatePartner

The Semiconductor Integrated Circuits Layout-design Act, 2000

The Semiconductor Integrated Circuits Layout-design rules,2001

A product having transistors

Circuitry elements inseparably formed on a semiconductor material

Insulating material inside the semiconductor material

Designed to perform an electronic circuitry function.

Agreement on Trade-related Aspects of Intellectual Property rights (TRIPS)

Treaty on Intellectual Property in Respect of Integrated Circuits

PROCEDURE

Any person claiming to be the creator of a layout-design

who is desirous of registering it

shall apply in writing to the Registrar

In the prescribed manner for the registration of the layout-design

Application to be filed If Not opposed

And time for notice of opposition expired

If opposed and decided in favour of the applicant

The Registrar shall register the said layout-design

The date of making the application be deemed to be the date of registration

On the registration of a layout-design, Certificate issued by the registrar

If registration of a layout-design is not completed within twelve months, application considered as abandoned

Unless it is completed within the time specified, in the notice issued by the registrar

Should be original

Creator's own intellectual efforts

Not commonly known

combination of elements and interconnections provided such combination taken as a whole is the result of its creator's own intellectual efforts

Registration of two or more persons as creator not authorised until and unless the relation are such that:

They have put the combined intellectual effort in creating such a design

That intellectual effort of each, not distinguishable in creation of such layout-design

Not original

Commercially exploited anywhere in India or in a convention country

Not inherently capable of being distinguishable from any other registered layout-design

When application accepted

To be advertised within 14 days

RE ADVERTISEMENT ( At the discretion of the Registrar)

• Where after advertisement an error has been corrected

• or the application has been amended

Or notify the correction or amendment made in the application

Opposition to be made within 3 months from the date of the advertisement

Further grace period of one month is given Prescribed fee to be paid for such opposition.

Registrar to serve a copy of such opposition on the applicant

Counter statement to be filed by the applicant, if not, application deemed to be abandoned

If the applicant files counter-statement--> ◦ the Registrar shall serve a copy thereof on the person giving

notice of opposition

Evidence to be submitted within prescribed time to the Registrar

The Registrar shall give an opportunity to them to be heard, if they so desire

If person giving notice of opposition or an applicant sending a counter-statement neither resides nor carries on business in India

the Registrar may require him to give security for the costs of proceedings

in default of such security being duly given, may treat the opposition or application, as the case may be, as abandoned

The Registrar may: Permit the correction of any error

Permit an amendment of the application before or after acceptance

Permit correction or amendment of notice of opposition or a counter-statement

10 years, counted from the date of filing

Or from the date of first commercial exploitation anywhere in India or in any country whichever is earlier

Person not entitled to institute proceedings to prevent the layout-design

Or to recover damages for, the infringement of an unregistered layout-design

Exclusive rights to use the layout-design

To obtain relief

The rights conferred by the registration, irrespective of the fact as to whether the layout-design is incorporated in an article or not

Any act of

Reproducing

Importing

Selling

Or distributing for commercial purposes amounts to Infringement

Where such act is performed for:

limited purposes of scientific evaluation

Analysis

Research

Teaching

or where a person, on the basis of scientific evaluation or analysis of a registered layout-design, creates another layout-design which is original, same does not amount to infringement

Applicant has power to assign the layout-design

To give effectual receipts for any consideration for such assignment

Imprisonment for a term which may extend to 3 years

Fine not less then fifty-thousand and may extend to ten lakh rupees

Or with both

The court may also direct the forfeiture of all goods and things by means of, or in relation to, which the infringement has been committed

The registrar if satisfied that the layout-design is prohibited

May, after hearing the applicant if he so desires, withdraw the acceptance

Application to be filed in the office of the Semiconductor Integrated Circuits Layout-Design Registry

Within whose territorial limits the principal place of business of the applicant is situated

In case of joint application the principal place of business of the applicant whose name is first mentioned in the application

Where the applicant or any of the joint applicant does not carry on business in India

then to be filed within territorial limits of the address for service in India

 Vaish Associates AdvocatesNew Delhi   Mumbai    Gurgaon   Bengaluruǀ ǀ ǀ

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email:- vpdalmia@vaishlaw.com 

Intellectual Property & Information Technology Laws Division