The Semi-Conductor Integrated Circuits Layout-Design Act,2000 has been enacted to provide for the protection of semiconductor integrated circuits layout-designs and for matters connected therewith or incidental thereto. According to the Act, the term 'layout-design' means "a layout of transistors and other circuitry elements and includes lead wires connecting such elements and expressed in any manner in a semiconductor integrated circuit". Here, the term '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 Act is implemented by the Department of Information Technology, Ministry of Information Technology. The Act is applicable for Integrated Circuits Layout-Design IPR applications filed at the Registry in India. The Semiconductor Integrated Circuits Layout-Design Registry (SICLDR) is the office where the applications on Layout-Designs of integrated circuits are filed for registration of created IPR. The Registry has jurisdiction all over India.

The main provisions of the Act are:-

• The Central Government may, by notification in the Official Gazette, appoint a person to be known as the 'Registrar of Semiconductor Integrated Circuits Layout-Design' for the purposes of this Act. Also, there shall be a 'Semiconductor Integrated Circuits Layout-Design Registry' for the purposes of facilitating the registration of layout-designs at such places as the Central Government may specify.



• For the purposes of this Act, a record called the 'Register of Layout-Designs' shall be kept at the head office of the Semiconductor Integrated Circuits Layout-Design Registry, wherein shall be entered all registered layout-designs with the names, addresses and descriptions of the proprietor and such other matters related to the registered layout-designs as may be prescribed.



• Prohibition of registration of those layout-designs which:-
  
  
  • Are not original; or
  
  
  
  • Have been commercially exploited anywhere in India or in a convention country; or
  
  
  
  • Are not inherently distinctive; or
  
  
  
  • Are not inherently capable of being distinguishable from any other registered layout-design.
    
    



• A layout-design shall be considered to be original if it is the result of its creator's own intellectual efforts and is not commonly known to the creators of layout-designs and manufacturers of semiconductor integrated circuits at the time of its creation. 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 his layout-design. Every application shall 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 India .



• When an application for registration of a layout-design has been accepted, the Registrar shall, within fourteen days after the date of acceptance, cause the application as accepted to be advertised in the prescribed manner.



• Any person may, within three months from the date of the advertisement or re-advertisement of an application for registration or within such further period, not exceeding one month in the aggregate give notice in writing in the prescribed manner to the Registrar, of opposition to the registration. The Registrar shall serve a copy of the notice on the applicant for registration and, within two months from the receipt by the applicant of such copy of the notice of opposition, the applicant shall send to the Registrar in the prescribed manner a counter-statement of the grounds on which he relies for his application and if he does not do so, he shall be deemed to have abandoned his application.



• Also, where registration of a layout-design is not completed within twelve months from the date of the application by reason of default on the part of the applicant, the Registrar may, after giving notice to the applicant in the prescribed manner, treat the application as abandoned unless it is completed within the time specified in that behalf in the notice.



• The registration of a layout-design shall be only for a period of ten years counted from the date of filing an application for registration or from the date of first commercial exploitation anywhere in India or in any country, whichever is earlier.



• A registered layout-design is infringed by a person who, not being the registered proprietor of the layout-design or a registered user thereof:-
  
  
  • Does any act of reproducing, whether by incorporating in a semiconductor integrated circuit or otherwise, a registered layout-design in its entirety or any part thereof, which is not original within the meaning of the Act.
  
  
  
  • Does any act of importing or selling or otherwise distributing for commercial purposes a registered layout-design or a semiconductor integrated circuit, incorporating such registered layout-design or an article incorporating such a semiconductor integrated circuit, containing such registered layout-design for the use of which such person is not entitled under the Act.
    
    



• Any person who contravenes knowingly and willfully any of the provisions of the Act or falsely represent a layout-design as registered, shall be punishable with imprisonment or with fine or with both.

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