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Law Of Integrated Circuits And Layout Dseign In India

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Law Of Integrated Circuits And Layout Dseign In India- A brief introduction with procedure and remidies by Vijay Pal Dalmia, IP Lawyer

Law Of Integrated Circuits And Layout Dseign In India- A brief introduction with procedure and remidies by Vijay Pal Dalmia, IP Lawyer

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    Law Of Integrated Circuits And Layout Dseign In India Law Of Integrated Circuits And Layout Dseign In India Presentation Transcript

    • 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.
      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:- [email_address] Intellectual Property & Information Technology Laws Division Vijay Pal Dalmia, Advocate Head Intellectual Property & Information Technology Laws Division