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
