The Semi-Conductor Integrated Circuits Layout-Design Act,2000 defines 'semiconductor integrated circuits', as a product having transistors and other circuitry elements which are inseparably formed on a semiconductor or on insulating materials or formed inside them and designed to perform an electronic circuitry function. Here, 'layout design' means a layout of transistors and other circuitry elements including lead wires connecting such elements.
The Semi-Conductor Integrated Circuits Layout-Design (SICLD)Act, 2000 is the governing Act for 'Lay Out Designs of Integrated Circuits' in India. The aim of the Act is to provide protection of Intellectual Property Right (IPR) in the area of Semiconductor Integrated Circuit Layout Designs and for matters connected therewith or incidental thereto. The Act is implemented by the Department of Information Technology, Ministry of Information Technology. The Act is applicable for IC 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 registration of a layout-design involves the following steps:-
- Filing of application by the creator of the layout-design at the SICLD Registry.
- The Registrar may accept, refuse the application or accept with some modifications.
- The accepted applications shall be advertised within 14 days of acceptance.
- Any opposition to the advertisement can be filed within 3 months from the date of advertisement.
- The counter-statement to the notice of opposition, if any, to be filed within 2 months from the date of receipt of copy of notice of opposition from the Registrar.
- A copy of the counter statement provided to the opposing party.
- The Registrar may take hearing with the parities.
- The Registrar will decide on the originality of the layout-design and grant or reject the application for registration based on the conclusions reached by him.
For registration one of the following items, which clearly describe the layout-design, should be attached to the application :-
- Three sets of drawings produced with a plotter which describes the layout-design applied for registration.
- Three sets of photographs of masks used for the fabrication of the semiconductor integrated circuit by using of the layout-design applied for registration.
- Three sets of the drawings which describe the pattern of such masks. However, the size of the drawing or the photograph shall not be less than 20 times the size of the semiconductor integrated circuit fabricated using such layout-design.
In case the applicant for registration of layout-design makes a request in writing for maintaining the secrecy of the layout-design, he may attach in place of the drawings or photographs ,the three sets of partially blocked drawings or photographs of such layout-design to the satisfaction of the Registrar. The Registrar may inspect the complete drawing or photographs of such layout-design. The blocking of such drawing or photograph shall be to the satisfaction of the Registrar such that it does not hamper the identification of the applied-for layout-design. The blocked out area of such drawing or photograph shall not be greater than the area of the remaining portion of layout-design. A layout-design is prohibited from registration if :-
- It is not original.
- It has been commercially exploited in India or in a convention country.
- It is not inherently distinctive. Also,those which are not capable of being distinguishable from any other registered layout-design cannot be registered.
The registered proprietor of layout-design has the exclusive right to use layout-design and to obtain relief in respect of the infringement. The registration of a layout-design shall be for a period of ten years 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.
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