The Author, Parv Raj, is a 3rd Year BA.LLB student at Bennett University, Greater Noida. He is currently interning with LatestLaws.com.
Q.1 What is Semiconductor Integrated Circuits Layout- Design Act, 2000?
A. This act provides the protection of Intellectual Property Right (IPR) specifically for the layout designs of Semiconductor Integrated Circuit. As per the act, it prohibits the layout design. It cannot be denied that integrated circuits layout designs are the result of complex technologies, effort and money. Therefore, it is important to protect these technologies and efforts.
Q.2 What is a Semiconductor integrated circuit?
A. As per the act, a product which has certain circuitry elements and transistors, which cannot be detached from the semiconductor material or through insulating material and which are certainly designed to perform an electronic circuitry function.
Q.3 What is Layout-design?
A. The act certainly mentions the layout of transistors and some other circuitry elements, including lead wires which are used to connect such elements and which are used in semiconductor integrated circuit.
Q.4 What are the certain layout designs with prohibited registration?
A. As per Section 7 of the SICLD Act, 2000. A layout design which is not original, which has been commercially exploited anywhere in India or in a convention country, which is not distinctive from other designs and which cannot be at any stage is capable of becoming distinguished from other registered layout designs.
Q.5 What is the process of registration?
A. At first, the person claiming to be the creator of a layout design shall apply to the Registrar in writing. Afterwards, the application needs to be filed in the office of the Semiconductor Integrated Circuits Layout-Design Registry, within whose territorial limits the principal place of business in India of the applicant. But at last, it is the discretion of Registrar to refuse or accept the application absolutely. If there is no opposition, then the Registrar issues the certificate to the applicant with seal of Semiconductor Integrated Circuits Layout Design- Registry.
Q.6 What is the duration of registration?
A. The registration of any layout design is only for a period of ten years. And this duration is counted from date of filing an application or from date of first commercial exploitation in India or in any other country.
Q.7 What if the other person opposes the registration?
A. Any person within three months from the date of the advertisement of an application for registration. For such further period but not exceeding one month, may write a notice to the Registrar for the opposition. Then, the Registrar serves a copy of the notice to the applicant. After receiving the copy of the notice from the applicant, the applicant must send the counter statement within two months from the date of receiving the copy of the notice. If there is any evidence upon which the opponent and applicant relay, it must be submitted to the Registrar.
Q.8 What if a registered layout design is infringed by person who is not the registered proprietor of the layout design?
A. If the layout design is created by the process of scientific evaluation or analysis of the registered layout -design then use of that layout design by proprietor will result in infringement. But if the there is no knowledge of the registered the layout design. Then at first the notice will be served to. If after receiving such notice any person continues to use that layout design then he must pay the royalty to the proprietor of that layout design. The sum of royalty will be decided upon the negotiation between both parties or by the Appellate Board. But if the person has the written consent of the proprietor of the registered layout design, then it will not amount to infringement.
Q.9 What are the powers of the Registrar?
A. The Registrar has the power to cancel the registration of a person as a registered user. On the grounds that if the proprietor or registered user misrepresented or failed to disclose material facts to the application for registration. If the circumstances have changed since the date of registration in a way that they would not have justified the registration of the registered user. The registrar can also cancel the registration of the registered user on his own motion or on the application of any other person in writing that the registered didn’t follow the agreement with that person.
The Registrar also has the power to call for any information relating to the agreement in respect of the registered users. The registrar may require the confirmation of the continuance of registration of the registered user by notice in writing and may require the proprietor to confirm the agreement within one month. But if the proprietor or registered fails to confirm. Then, the Registrar may cease the proprietor to be a registered user.
Q.10 Can the Appellate Board cancel the registration?
A. Yes, the Appellate Board can cancel registration. Any person can make the application to the Appellate Board for cancellation of registration of a layout-design or registration of assignment or transmission. Then, the Appellate Board gives notice to the opposite parties and gives them a proper opportunity to be heard. The appellate Board can also cancel any specific part of the layout design and make the remaining part of the layout design to be retained as registered. The Appellate Board shall send a copy of the cancellation order to the Registrar as well.
