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

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