Intellectual Property & Information Technology Laws Division

By
Vijay Pal Dalmia, Advocate
Head Intellectual Property & Information Technology Laws Division
 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
 Thank You.
Vijay Pal Dalmia, Advocate
Head Intellectual Property & Information Technology Laws Division

Intellectual Property & Information Technology Laws Division

Flat No 903, Indra Prakash, 21, Barakhamba Road,

New Delhi 110001 (India)
Phone: +91 11 42492532 (Direct)
Phone: +91 11 42492525 Ext 532
Mobile :- 9810081079
Fax: +91 11 23320484
email:- vpdalmia@vaishlaw.com