The document outlines the procedures and legal framework surrounding the registration of semiconductor integrated circuit layout-designs in India as stipulated by the Semiconductor Integrated Circuits Layout-Design Act, 2000 and its rules. It details the application process, conditions for registration, rights conferred upon registered designs, and potential penalties for infringement. Additionally, it specifies the roles and responsibilities of the registrar in managing registrations, oppositions, and corrections.

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

3.  The Semiconductor Integrated Circuits Layout-design
Act, 2000
 The Semiconductor Integrated Circuits Layout-design
rules,2001

4.  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.

5.  Agreement on Trade-related Aspects of Intellectual
Property rights (TRIPS)
 Treaty on Intellectual Property in Respect of
Integrated Circuits

6. PROCEDURE

7.  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

8.  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

9.  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

10.  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

11. 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

12.  Not original
 Commercially exploited anywhere in India or
in a convention country
 Not inherently capable of being distinguishable
from any other registered layout-design

13.  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

14.  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

15.  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

16.  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

17. 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

18.  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

19.  Person not entitled to institute proceedings to prevent
the layout-design
 Or to recover damages for, the infringement of an
unregistered layout-design

20.  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

21.  Any act of
 Reproducing
 Importing
 Selling
 Or distributing for commercial purposes amounts to
Infringement

22.  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

23.  Applicant has power to assign the layout-design
 To give effectual receipts for any consideration for
such assignment

24.  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

25.  The registrar if satisfied that the layout-design is
prohibited
 May, after hearing the applicant if he so desires,
withdraw the acceptance

26.  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

27.  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

28. 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:- vpdalmia@vaishlaw.com
Intellectual Property & Information Technology Laws Division
Vijay Pal Dalmia, Advocate
Head Intellectual Property & Information Technology Laws Division