Trade secret, Industrial Design and Layout design, semiconductor integrated circuits layout design

1. Intellectual Property Rights
Trade Secret, Industrial Design and
Layout design, SEMICONDUCTOR INTEGRATED
CIRCUITS LAYOUT-DESIGN (SICLD)
Dr. Shailendra Bhalawe
Assistant Professor
Department of Agro-forestry
College of Agriculture, Balaghat
Jawaharlal Nehru Agriculture University, Jabalpur
(M.P.)

2. -:TRADE SECRET:-
A trade secret is anything a formula, process, method, mechanism, tool, pattern
or device which the disclosing party desires to keep secret. Trade secrets usually
include such things as the manufacturing details for a product, variations or
alternative uses.
The main points about trade secret are briefly presented as follows:
•There is no specific period for trade secret. It may continue life long or for
generations together.
•There is no need of registration for trade secret.
•It does not provide opportunity to others for improvement of innovation.
•It is not applicable to books, equipments, plant varieties, designs which are
openly used.

4. Example of Potential Trade Secret
1.A formula for a Sports drink.
2. Survey methods used by professional Pollsters, and Recipes (Food) ex-KFC.
3. A new invention for which a patent application has not yet been filed.
4. Marketing strategies.
5. Manufacturing Techniques.
6. Computer Algorithms

5. Advantages of Trade Secrets Protection:
1. Unlimited duration- Trade secrets could potentially last longer than patent (20 years) and
copyrights.
2. Your protection is theoretically worldwide.
3. No application required.
4. No registration costs.
5. No public disclosure or registration with government agency.
6. Effective immediately.

7. Secret Recipes
Kentucky fried chicken (KFC)
1. The secret recipe of 11 herbs and spices lies in a bank vault. Few people know it and
they are contractually obligated secrecy.
2. The ingredients are mixed by two different companies in two different locations and then
combined elsewhere in a third separate locations.
3. To mix the final formula a computer processing system is used to blend the mixture
together and ensure that no one outside KFC has the complete recipe.
Coca-Cola:
1. The best guarded secret of the modern time concern the formulation of Coca-Cola.
2. Merchandise 7x the secret ingredient or secret formula in coca cola .
3. The ingredient has remained a secret since its invention in 1886 by John Pemberton.

8. What are the requirements of trade secret protection?
For the protection of trade secret, conditions vary from country to country, some
general standards exist which are referred to in Art. 39 of the Agreement on Trade-
Related Aspects of Intellectual Property Rights (TRIPS Agreement):
•The information must be secret (i.e. it is not generally known among, or readily
accessible to, circles that normally deal with the kind of information in question).
•It must have commercial value because it is a secret.
•It must have been subject to reasonable steps by the rightful holder of the
information to keep it secret (e.g., through confidentiality agreements).

9. Differences Between following

10. Trade secret Copyright Trademark Design patent Utility Patent
What is
protected?
Know-how Original
expression of an
idea
Customer's
notion of your
good
or
service's source.
Visible appearance Products,
processes,
compositions,
functions
Typical
things
protected
how to make Coca-
cola, hidden high-
tech methods, & etc.
written
material:
computer
programs, books,
plays, poems; art:
sculptur
es, paintings,
photographs, etc.
names, logos,
internet domain
names, designs,
& etc.
unique
shape/styling of
articles like
product
packaging,
figurines, etc.
tools, devices,
machines,
computer
programs, games,
processes,
formulas, internet,
electronic,
chemical and
business
methods
etc.
What are
others
prohibited
from doing?
Unauthorized use or
dissemination by
someone who has
been let in on the
secret.
Copying the
expression
Confusing the
consumer.
Making
somethinglooking
the same or
similar..
Using the
laimed
invention.
How is the
right
established?
Use in trade Authorship Use in trade Examination Examination

11. -:INDUSTRIAL DESIGN & LAYOUT DESIGN OF IC:-
DESIGN
A Design refers to the features of shape, configuration, pattern, ornamentation
or composition of lines or colours applied to any article, whether in two or three
dimensional (or both) forms.
This may be applied by any industrial process or means (manual, mechanical
or chemical) separately or by a combined process, which in the finished article
appeals to and judged solely by the eye.

12. Industrial Design
An industrial design is the ornamental (decorative/attractive/patterned) or aesthetic
(artistic/appealing) aspect of an article produced by industry or handicraft.
Main points about industrial designs are given below
1.Industrial designs include any original shape, picture, or some combination
applied to a useful article of manufacture.
2.Registration is essential to get protection.
3.Registration can be done from 5 to 15 years.
4.The owner has the right to transfer right to any other person.
5.Protection is valid only in the country where the design has been registered

13. Calculator Olivetti Divisumma 24 designed
in 1956 by Marcello Nizzoli
A Fender Stratocaster with sunburst
finish, one of the most widely
recognized electric guitars in the
world

14. Model 1300Volkswagen Beetle

15. Chair by Charles Eames

16. What is the object of registration of Designs?
✓The essential purpose of design law it to promote and protect the design
element of industrial production.
✓It is also intended to promote innovative activity in the field of industries.
✓The Designs Act, 2000 and the Designs Rules, 2001 presently govern the
design law in India. The Act came into force on 25th May 2000 while the
Rules came into effect on 11th May 2001.
✓The object of the Designs Act to protect new or original designs so created
to be applied or applicable to particular article to be manufactured by
Industrial Process or means.
✓Sometimes purchase of articles for use is influenced not only by their
practical efficiency but also by their appearance.

17. Essential requirements for registration of Designs A
design should –
Be new or original
Not be disclosed to the public anywhere by publication
in tangible form or by use or in any other way prior to the
filling date, or where applicable, the priority date of the
application for registration.
Be significantly distinguishable from known Designs or
combination of known designs.
Not comprise or contain scandalous or obscene matter.
Not be a mere mechanical contrivance.
Be applied to an article and should appeal to the eye.
Not be contrary to public order or morality.
The design should not include any trade mark or
property mark or artistic work.

18. Duration and fees for registration of Designs:
✓The term of a registered design is 15 years.
✓Initially the right is granted for a period of 10 years, which can be extended,
by another 5 years by making an application and paying a fee of Rs. 2000/- to
the Controller before the expiry of initial 10 years period.
✓The proprietor of design may make application for such extension as soon
as the design is registered.

19. What is the cost of filing design application in India?
The fee for filing application for registration of design in India is Rs.1,000/-.
What is not registrable as IC layout design?
An IC layout design is not registrable if it is: -
1.Not original;
2.Commercially exploited anywhere in India or in a convention country;
3.Inherently not distinctive;
4.Inherently not capable of being distinguishable from any other
registered layout design
Note: Design not exploited commercially for more than 2 years from date of
registration of application shall not be treated as commercially exploited for the
purpose of this Act.

21. SEMICONDUCTOR INTEGRATED CIRCUITS LAYOUT-DESIGN
(SICLD)
Semiconductor Integrated Circuit
Semiconductor Integrated Circuit means a product having transistors and
other circuitry elements, which are inseparably formed on a semiconductor
material or an insulating material or inside the semiconductor material and
designed to perform an electronic circuitry function.
The layout-design of a semiconductor integrated circuit
The layout-design of a semiconductor integrated circuit means a layout of
transistors and other circuitry elements and includes lead wires connecting
such elements and expressed in any manner in semiconductor integrated circuits.
The layout of transistors on the semiconductor integrated circuit or
topography of transistors on the integrated circuit determines the size of the
integrated circuit as well as its processing power.
That is why the layout design of transistors constitutes such an important and
unique form of intellectual property fundamentally different from other forms of
intellectual property like copyrights, patents, trademarks and industrial designs.

22. Semiconductor Integrated Circuits Layout-Design (SICLD) Act, 2000
✓The Semiconductor Integrated Circuits Layout-Design Act, 2000 was
passed to fulfils India’s obligations as a TRIPS signatory.
✓It provides protection for semiconductor Integrated Circuit layout designs.
✓The main purpose of the Act is to provide for routes and mechanism for
protection of IPR in Chip Layout Designs created and matters related to it.

23. Major provisions of SICLD Act, 2000:
The important provisions of the Act are –
Jurisdiction to the whole of India;
SICLD Registry - where the layout-designs of integrated circuit chips can be
registered;
Defines layout-designs of integrated circuits which can be registered under the
Act;
Duration of registration of layout-designs;
Rights conferred by registration;
Infringement of layout-designs;
Procedure for assignment and transmission of registered layout- design;
Appellate Board as a forum of redressal;
Treatment of Royalties;
Provisions in case of national emergency or extreme public urgency;
Penalties;
Provision for agents;
Reciprocity provision with other recognized countries.

24. What is Register of Layout Designs?
✓The Register of Designs is a document maintained by the Patent Office,
Kolkata as a statutory requirement.
✓It contains the design number, date of filing and reciprocity date (if any),
name and address of proprietor and such other matters as would affect the
validity of proprietorship of the design.
✓It is open for public inspection on payment of prescribed fee and extract
from register may also be obtained on request with the prescribed fee.

25. Thank You