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IndiaCode Laws
Act37
Enacted 2000

The Semiconductor Integrated Circuits Layout-Design Act, 2000

In force 96 sections Commerce and Industry

An Act to provide for the protection of semiconductor integrated circuits layout-designs and for matters connected therewith or incidental thereto.

Act 37 of 2000 Enacted 04 Sep 2000 In force 01 May 2004 Department Department of Commerce

Administered by. Ministry of Commerce and Industry, Department of Commerce · Other Acts of 2000

Preamble

THE SEMICONDUCTOR INTEGRATED CIRCUITS LAYOUT-DESIGN ACT, 2000

ACT NO. 37 OF 2000

[4th September, 2000.] An Act to provide for the protection of semiconductor integrated circuits layout-designs and for matters connected therewith or incidental thereto.

WHEREAS the Final Act embodying the results of the Uruguay Round of Multilateral Trade Negotiations done at Marrakesh on the 15th day of April, 1994 provides for establishment of the World Trade Organisation;

AND WHEREAS the Agreement on Trade Related Aspects of Intellectual Property Rights is part of the said Final Act;

AND WHEREAS the Government of India, having ratified the said Final Act, should, inter alia, make provisions for giving effect to section 6 in Part II of the Agreement on Trade Related Aspects of Intellectual Property Rights relating to Layout-Design (Topographies) of Integrated Circuits.

BE it enacted by Parliament in the Fifty-first Year of the Republic of India as follows:--

What this Act covers

Summary of the Semiconductor Integrated Circuit Layout-Design Act, 2000

Key Provisions

1. Definitions (Section 2)

• Layout-Design: A layout of transistors and other circuitry elements in a semiconductor integrated circuit.

• Commercial Exploitation: Selling, leasing, offering for sale, or distributing for commercial purposes.

• Registered Proprietor: The person entered in the register as the proprietor of the layout-design.

2. Registration Process (Sections 8-14)

Application: By the creator in the prescribed manner to the Registrar.

Filing: At the appropriate Semiconductor Integrated Circuits Layout-Design Registry office based on the applicant's location.

Advertisement: Of the application after acceptance.

Opposition: Allowed within three months of advertisement, with a counter-statement required from the applicant.

Registration: Upon successful opposition process or lack thereof, with a certificate issued.

Duration: Registration is for 10 years from the date of application filing or first commercial exploitation, whichever is earlier.

3. Conditions of Registration (Section 7)

*Originality: The layout-design must be original, not commonly known, and the result of the creator's intellectual efforts. *Non-Prior Commercial Exploitation: Except for up to two years before application in India or a convention country. *Distinctiveness: Must be inherently distinctive and distinguishable from other registered layouts.

4. Effects of Registration (Section 16-18)

Exclusive Rights: The registered proprietor has exclusive rights to use the layout-design and seek relief for infringement.

Infringement: Defined as reproducing, importing, selling, or distributing without permission, with exceptions for scientific evaluation, analysis, research, or teaching.

5. Offences, Penalties, and Procedure (Sections 56-62)

• Infringement Penalty: Up to 3 years imprisonment, or a fine of ₹50,000 to ₹10,000,000, or both.

• Falsely Representing Registration: Up to 6 months imprisonment, or a fine up to ₹50,000, or both.

• Forfeiture of Goods: Court may direct forfeiture of goods used in the commission of an offence.

• Exemptions and Procedures: For certain employees, and procedures for pleading invalid registration.

6. Appellate and Judicial Procedures (Sections 52-55)

Appellate Board: Established under the Act, with transitional provisions until its setup, the Intellectual Property Appellate Board (under the Trade Marks Act, 1999) exercises jurisdiction.

Appeals to High Court: Against decisions of the Appellate Board, with the High Court having the power to make rules.

Sections

Type to filter. 96 sections.

  1. 1Short title, extent and commencement
  2. 2Definitions
  3. 3Registrar of Semiconductor Integrated Circuits layout-design
  4. 4Power of Registrar to transfer pending matters
  5. 5Registry
  6. 6Register of Layout-Designs
  7. 7Prohibition of registration of certain layout-designs
  8. 8Application for registration
  9. 9Withdrawal of acceptance
  10. 10Advertisement of application
  11. 11Opposition to registration
  12. 12Correction and amendment
  13. 13Registration
  14. 14Jointly owned layout-design
  15. 15Duration of registration
  16. 16No action of infringement of unregistered layout-design
  17. 17Rights conferred by registration
  18. 18Infringement of layout-design
  19. 19Registration to be prima facie evidence of validity
  20. 20Power of Registered Proprietor to assign and give receipts
  21. 21Assignability and transmissibility of registered layout-design
  22. 22Conditions for assignment otherwise than in connection with the goodwill of a business
  23. 23Registration of assignments and transmissions
  24. 24Registered users
  25. 25Registration as registered user
  26. 26Power of Registrar for cancellation of registration as registered user
  27. 27Power of Registrar to call for information relating to agreement in respect of registered users
  28. 28Right of registered user to take proceedings against infringement
  29. 29Registered user not to have right of assignment or transmission
  30. 30Power to rectify the register
  31. 31Correction of register
  32. 32Establishment of Layout-Design Appellate Board
  33. 33Composition of Appellate Board
  34. 34Qualifications for appointment as Chairperson, Vice-Chairperson, or other Members
  35. 35Term of office of Chairperson, Vice-Chairperson and Members
  36. 36Vice-Chairperson or senior-most Member to act as Chairperson or discharge his function in certain circumstances
  37. 37Salaries, allowances and other terms and conditions of service of Chairperson, Vice-Chairperson and other Members
  38. 38Resignation and removal
  39. 39Staff of Appellate Board
  40. 40Application to the Appellate Board to determine royalty
  41. 41Power of the Board to cancel registration
  42. 42Appeal to Appellate Board
  43. 43Procedure and powers of Appellate Board
  44. 44Bar of jurisdiction of courts, etc
  45. 45Bar to appear before Appellate Board
  46. 46Conditions as to making of interim order
  47. 47Power of Chairperson to transfer cases from one Bench to another
  48. 48Procedure for application for rectification, etc., before Appellate Board
  49. 49Appearance of Registrar in legal proceedings
  50. 50Registrar to refer certain disputes to the Board
  51. 51Power of the Board to permit certain uses
  52. 52Costs of Registrar in proceedings before Appellate Board
  53. 53Appeal
  54. 54Powers of High Courts to make rules
  55. 55Transitional provisions
  56. 56Penalty for infringement of layout-design
  57. 57Penalty for falsely representing a layout-design as registered
  58. 58Penalty for improperly describing a place of business as connected with the Semiconductor Integrated Circuits Layout-Design Registry
  59. 59Penalty for falsification of entries in the register
  60. 60Forfeiture of goods
  61. 61Exemption of certain persons employed in ordinary course of business
  62. 62Procedure where invalidity of registration is pleaded by the accused
  63. 63Offences by companies
  64. 64Cognizance of certain offences
  65. 65Costs of defence or prosecution
  66. 66Information as to commission of offence
  67. 67Punishment of abetment in India of acts done out of India
  68. 68Protection of security of India
  69. 69Protection of action taken in good faith
  70. 70Certain persons to be public servants
  71. 71Implied warranty on sale of layout-design, etc
  72. 72Powers of Registrar
  73. 73Exercise of discretionary power by Registrar
  74. 74Evidence before Registrar
  75. 75Death of party to a proceeding
  76. 76Extention of time
  77. 77Abandonment
  78. 78Preliminary advice by the Registrar
  79. 79Registered user to be impleaded in certain proceedings
  80. 80Evidence of entries in register, etc., and things done by the Registrar
  81. 81Registrar and other officers not compellable to produce register, etc
  82. 82Certificate of validity
  83. 83Address for service
  84. 84Agents
  85. 85Layout-design registered by an agent or representative without authority
  86. 86Indexes
  87. 87Documents open to public inspection
  88. 88Reports of Registrar to be placed before Parliament
  89. 89Fees and surcharge
  90. 90Savings in respect of Chapter IX
  91. 91Declaration as to ownership of layout-design not registerable under the Registration Act, 1908
  92. 92Government to be bound
  93. 93Convention countries
  94. 94Provision as to reciprocity
  95. 95Power of Central Government to remove difficulties
  96. 96Power to make rules

Rules made under this Act

4 sets of Rules. India Code publishes Rules as a record and a document rather than as text, so these are indexed here and not reproduced. All Rules.

  • S.O. 307(E) dated 04.02.20142014
  • The Semiconductor Integrated Circuits Layout-Design (Amendment) Rules, 20122012
  • S.O. 746(E) dated 11th April, 20112011
  • The Semiconductor Integrated Circuits Layout-Design Rules, 20012001

Related Acts

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 96 sections of this Act has its own page. This page is not a substitute for legal advice.