Procedure where invalidity of registration is pleaded by the accused
Section 62 of the Semiconductor Integrated Circuits Layout-Design Act, 2000 deals with procedure where invalidity of registration is pleaded by the accused. Where the offence charged under section 56 is in relation to a registered layout-design and the accused pleads that the registration of the layout-design is invalid, the following procedure shall be followed:-- (a) if the court is satisfied that such defence is prima facie tenable, it shall not proc The Act came into force on 01 May 2004.
(1) Where the offence charged under section 56 is in relation to a registered layout-design and the accused pleads that the registration of the layout-design is invalid, the following procedure shall be followed:--
(a) if the court is satisfied that such defence is prima facie tenable, it shall not proceed with the charge but shall adjourn the proceeding for three months from the date on which the plea of accused is recorded to enable the accused to file an application before the Appellate Board under this Act, for the rectification of the register on the ground that the registration is invalid;
(b) if the accused proves to the court that he has made such application within the time so limited or within such further time as the time court may for sufficient cause may allow, the further proceedings in the prosecution shall stand stayed till the disposal of such application for rectification;
(c) if within a period of three months or within such extended time as may be allowed by the court the accused fails to apply to the Appellate Board for rectification of the register, the court shall proceed with the case as if the registration were valid .
(2) Where before the institution of a complaint of an offence referred to in sub-section (1), any application for the rectification of the register concerning the layout-design in question on the ground of invalidity of the registration thereof has already been properly made to and is pending before the Appellate Board or the Registrar, the Court shall stay the further proceedings in the prosecution pending the disposal of the application aforesaid and shall determine the charge against the accused in conformity with the result of the application for rectification in so far as the complainant relies upon the registration of his layout-design.
Section 62, The Semiconductor Integrated Circuits Layout-Design Act, 2000 (Act 37 of 2000).
Cross-references
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Questions about Section 62
What does Section 62 of the Semiconductor Integrated Circuits Layout-Design Act deal with?
Section 62 of the Semiconductor Integrated Circuits Layout-Design Act is headed "Procedure where invalidity of registration is pleaded by the accused". Where the offence charged under section 56 is in relation to a registered layout-design and the accused pleads that the registration of the layout-design is invalid, the following procedure shall be followed:-- (a) if the court is satisfied that such defence is prima facie tenable, it shall not proc
How do I find court cases under Section 62 of the Semiconductor Integrated Circuits Layout-Design Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Semiconductor Integrated Circuits Layout-Design Act 62, section 62 Semiconductor Integrated Circuits Layout-Design Act, section 62 of the Semiconductor Integrated Circuits Layout-Design Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 62 of the Semiconductor Integrated Circuits Layout-Design Act, and has it changed?
Its own text turns on section 56 (Penalty for infringement of layout-design), so none of them can safely be read on its own.
When did Section 62 of the Semiconductor Integrated Circuits Layout-Design Act come into force?
Section 62 of the Semiconductor Integrated Circuits Layout-Design Act, cited as Semiconductor Integrated Circuits Layout-Design Act 62, came into force on 01 May 2004, having been enacted on 04 Sep 2000. It is in force as at the date shown on this page.
Other sections of this Act
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. Text as in force on 17 Oct 2026. This page is not a substitute for legal advice.