Design of an article is an Intellectual property of a person who created it as person may not have invented an article but may have thought of a good design for it . A design of an article has commercial value in the world of trade . The person who creates a design has exclusive right over his design which is his Intellectual Property . The exclusive right which a person has over the design created by him is termed as his Intellectual Property Right . Section 2 ( d ) Defines design to mean only the features of shape pattern ornament or composition of lines or colors applied to any article weather 2 dimensional or three-dimensional both forms by any industrial process .The definition of design under the design at 2000 is fighter in scope than the definition given in under the design at 1911 as it includes composition of lines and the applicability of design to an article in two-dimensional or three-dimensional
Layout Design Act, 2000
The semiconductor integrated circuits layout design are considered as one of the forms of intellectual property it plays a significant role for the advancement of technology especially for electronics and information technology it was conducted to provide for the protection of the semiconductor integrated circuits layout design and for matters connected with their with or incidental thereto The final act embroidering the result of the Uruguay round of multilateral trade negotiations done at Marrakesh on 15th April , 1994 provides for the establishment of the World Trade Organization and the agreement on trade related aspects of intellectual property rights it’s part of the final act the Government of India having ratified the final act in inter alia to make provisions for giving effect to section 6 in part of the agreement on trade related aspects of intellectual property rights relating to layout design( topographies ) ease of integrated circuits in order to fulfill this obligation.
The semiconductor integrated circuits layout design bill was introduced in the parliament the semiconductor integrated circuit layout design will have been passed by both the House of parliament received the assent of the president on 4th September 2000 it came on the statute books as the Semiconductor Integrated Circuits Layout -Design Act , 2000 .
Section 2 of the semiconductor integrated circuit layout design at 2000 finds various terms like semiconductor integrated circuit layout design commercial exploitation registered layout design registered proprietor session .
Semiconductor Integrated Circuit :
Section 2 (r) Define semiconductor the term “integrated circuit” means a product having transistors and other circuitry elements which are in separately formed on a semiconductor material or an insulating material or inside the semiconductor material and the design to perform an electric circuit reproduction .
The term “integrated circuit” is not defined under this act but article two of the Treaty of intellectual property in respect of integrated circuits 1989 defines the integrated circuit means a product in its final form or an intermediate form in which the element at least one of these is an active element and some of all of the interconnections are integrally formed in and or on a piece of material and which is intended to perform an electronic function
According to Section 2 (h) “layout Design” means a layout of transitors and other circuitry elements and include lead wires connecting Such element and expressed in any manner in a semiconductor integrated circuit .
The treaty on Intellectual Property in respect of integrated circuits 1989 defines lay out design topography means the three-dimensional disposition however expressed of the elements at least one of which is an active element and of some of all of the interconnection of an integrated circuit or such a three – dimensional disposition prepared for an integrated circuit intended for manufacture ,
Commercial Exploitation :
Section 2 (e) of the Act defines the expression “commercial exploitation” in relation to Semiconductor Integrated Circuits Layout – Design means to sell lease offer or exhibit for sale or otherwise distribute such semiconductor integrated circuit for any Commercial Purpose.
The term “transmission” is defined under section 2 (t) . It means transmission by operation of law , devolution on the personal representation of a deceased person or any mode of transfer not being assignment.
Semiconductor Integrated Circuits Layout Design :
A layout design or topography can be defined as the unique and novel combination of electronic components and interconnections through signal tracks between those components. This circuit design will be protected under the national law and the creator of the layout will be conferred with certain rights if it is original. Semiconductor Integrated Circuits are made up of a complex series of layers of semiconductors, insulators, components, metals, and other materials on a substrate.
The specific criteria for the protection under the Semiconductor Integrated Circuits Layout Design (SICLD) Act, 2000 are:
• The layout design should be original.
• There must distinctiveness in the Design.
• The design must be novel and capable of distinguishing from any other layout Design
• The Design must not be exploited commercially anywhere in India or a Convention Country.
Basic Definitions of SICLD are as follows –
Semiconductor Integrated Circuit‘ is defined as the product having transistors or any circuitry elements, which are formed on a semiconductor/insulating material which is designed to perform an electronic circuitry function.
• Layout-Design‘ means a layout if circuitry elements like transistors, resistors, capacitors, etc. and lead wires connecting all components have been articulated in a semiconductor integrated circuit.
• Commercial exploitation or use‘, with regards to the SICLD , means to sell, export, lease, offer or exhibit for sale or otherwise distribute such semiconductor integrated circuit layout design for making any commercial benefit out of registered design.
Duration of Registration :
The layout design should be filed for registration before publishing it. Once it has been registered under the Act, initial protection will be for 10 years counted from the date of filing an application. If the design is already being used, the date of protection will be counted from the date of first commercial exploitation anywhere in India or in any country, whichever is earlier. If the creator is already using the design, he will get the ownership automatically but, in case of infringement, the registration certificate plays a crucial role as proof of ownership.
SICLD Registry :
Semiconductor Integrated Circuit layout Design Act , 2000
As India is a signatory of the WTO, an Act in conformity with the TRIPS agreement (Art. 35 to 38) was passed, namely SICLD Act , in 2000. Previously, the administration of the SICLD Act, 2000 and the SICLD Registry was under the control of the Ministry of Electronics and Information Technology (MeitY), but since 17thMarch 2016, the administration has been transferred to DPIIT, Ministry of Commerce and Industry, and brought under the ambit of Office of Controller General of Patents, Designs and Trade Marks. The SICLD Registry can be done at Boudhik Samapada Bhawan, Dwarka, Sector-14, New Delhi. At this office, the applications on layout designs of integrated circuits are filed for registration. Once it is filed, the design is examined by the examiner and if it is fulfilling the criteria, the registration certificate is issued for the ten years.
The Enactment of This Act Fulfills The Obligation Under TRIPS Agreement As this Act Fulfills The TRIPS norms . Thai government initiative helps to protect the Integrated Circuit and Build Confidence In the Industry and The Global Investing Community. Recognition of layout Design for Sui generis Protection will help in long way and will benefit the Industry as well the consumer of chip product by attracting more players in the chip Industry and maintaining healthy competition between them . The Intellectual Property Protection for integrated circuit layout design is a key factor throughout the world , and more so in India because it does not have a strong Intellectual Property Protection Policy in software . As Integrated Circuit Layout Design it’s important that the country boosts of a strong protection policy right in the beginning itself and The SICLD Act provides such a strong Protection Policy .
1. https://www.mondaq.com/india/technology/28601/semiconductor-integrated-circuits-layout-design-in-indian-ip-regime ( layout Design Act 2000 ) (Accessed on 27 Aug )
2. http://corporatelawreporter.com/2016/11/21/semiconductor-integrated-circuit-layout-design-an-intellectual-property-protection-in-indian-regime/ << Layout Design (Accessed on 27 Aug )
3. https://www.ijlmh.com/paper/semiconductors-critical-analysis-of-indian-legal-regime/ << SICLD Registry ( Accessed on 27 Aug )
4. https://www.mybscit.com/cyber-law/semiconductor-and-semiconductor-ic-layout-design-act-siclda << Semiconductor Layout Design ( Accessed on 27 Aug )
5. Treaty on Intellectual property in Respect of Integrated Circuit ( WIPO ) World Intellectual Property Organization ( Accessed on 28 Aug )
6. https://commons.m.wikimedia.org/wiki/File:Semiconductor_Integrated_Circuits_Layout-Design_Act,_2000.djvu << Semiconductor Integrated Circuit layout design Act ( Accessed on 28 Aug )
7. https://www.wto.org/english/tratop_e/trips_e/trips_e.htm ( TRIPS Agreement )
8. Law Relating to intellectual property Rights – V.K Ahuja
9. Intellectual Property law – prof . Meenu paul
10. Intellectual Property rights – prof Rupinder Tiwari
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