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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

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Law Of Integrated Circuits And Layout Dseign In India

  1. 1. Intellectual Property & Information Technology Laws Division By Vijay Pal Dalmia, Advocate Head Intellectual Property & Information Technology Laws Division
  2. 2.  The Semiconductor Integrated Circuits Layout-design Act, 2000  The Semiconductor Integrated Circuits Layout-design rules,2001
  3. 3.  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.
  4. 4.  Agreement on Trade-related Aspects of Intellectual Property rights (TRIPS)  Treaty on Intellectual Property in Respect of Integrated Circuits
  6. 6.  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
  7. 7.  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
  8. 8.  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
  9. 9.  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
  10. 10. 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
  11. 11.  Not original  Commercially exploited anywhere in India or in a convention country  Not inherently capable of being distinguishable from any other registered layout-design
  12. 12.  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
  13. 13.  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
  14. 14.  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
  15. 15.  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
  16. 16. 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
  17. 17.  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
  18. 18.  Person not entitled to institute proceedings to prevent the layout-design  Or to recover damages for, the infringement of an unregistered layout-design
  19. 19.  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
  20. 20.  Any act of  Reproducing  Importing  Selling  Or distributing for commercial purposes amounts to Infringement
  21. 21.  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
  22. 22.  Applicant has power to assign the layout-design  To give effectual receipts for any consideration for such assignment
  23. 23.  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
  24. 24.  The registrar if satisfied that the layout-design is prohibited  May, after hearing the applicant if he so desires, withdraw the acceptance
  25. 25.  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
  26. 26.  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
  27. 27. 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:- Intellectual Property & Information Technology Laws Division Vijay Pal Dalmia, Advocate Head Intellectual Property & Information Technology Laws Division