PROCEDURE FOR REGISTRATION OF LAYOUT DESIGN –

INTRODUCTION :

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 .

 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.

 

 Infringements :

  1. The act of reproducing the design, either incorporating it in an integrated circuit or using the registered topography as it is, without prior permission
  2. Importing, selling or distributing the layout design for commercial purposes or selling an integrated circuit in which a protected layout design is incorporated.

Layout Design Which Can Be Registered –

Layout design which are original , not commercially exploited anywhere in India or in convention country have distinctiveness and capable of being distinguishable from another registered layout design can be reregistered.

A  layout design is considered to be original if it’s the result of its creators own intellectual efforts and is not commonly known to the creators of layout – design and manufacturers of semiconductor integrated circuits at the same time of its creation creators layout design consists of combination of elements and interconnections that are commonly known among creators of layout design but taken as a whole by its own intellectual effort shall be considered as original work.

 

Requirements for Registration :

  1. Three sets of drawings were produced with a plotter describing the layout design intended for registration.
  2. Three sets of photographs of masks were used for the fabrication of the semiconductor integrated circuit by using the layout design.
  3. Three sets of drawings which describe the pattern of such masks.

 Procedure for Registration –

Any person claiming to be the creator of layout design who is desirous registering  it shall apply in writing to the registrar in prescribed manner under Section 8 of the Act every application shall be filled in the office of Semiconductor Integrated Circuit Layout Design Registry within whose territory permits the principal place of business in India of the applicant or in the case of the application the principal place of business in India of the applicant whose name first mentioned in the application.

  • An application will be filed to the registrar in the office of the SICLD registry with a) three sets of drawings that describe the layout design, b) three sets of photographs of the description of masks used for the fabrication of the semiconductor integrated circuits.
  • If the application is in order and fulfils basic requirements for registration, further processing for registration will be carried out. However, the registrar has full rights to withdraw the application if it is found not suitable for registration.

 

  • The accepted application is advertised in an official journal, ‗The Semiconductor Integrated Circuits Layout Design Journal‘ (http://sicldr.gov.in/ejournals )  within 14 days of acceptance. In case any opposition is found to the registration, then a notice will be sent to the registrar in the prescribed manner by the opponent within three months from the date of advertisement.

 

  • The registrar then asks both the parties (the applicant and the opponent) to produce the evidence in support of the claims made by them and finally gives his decision.

 

  • If the application is not opposed by anyone or the decision has been given  in favour of the applicant, the registrar shall register the said layout design in the register of layout design and also issue a certificate sealed with the stamp of the SICLD Registry.

Application forms And Fees Related To SICLD –

• Application for Registration of Layout-Design LD-1 5,000

• Notice of opposition to application for registration of Layout-Design LD-2 500

• Request for clerical error or for amendment LD-6 300

• Request to register a subsequent proprietor of a Layout-Design upon the same devolution of title LD-10 1,500

• Application for the rectification of the register LD-12 2,000

• Application for cancellation of entry of a registered user of a Layout-Design LD-15 1,000

• Form of request by a registered proprietor or registered user of a Layout-Design who has no principal place of business in India, to enter, alter of his registrationLD-19 1,000or substitute an address for service in India as part of his Registration

• Application by registered proprietor of LayoutDesign for the cancellation of entry thereof in the registerLD-20 1,500

• Request for certificate of the registrar LD-22 1,000

• Request for duplicate or further copy of the certificate of registration LD-25 2,000

• Opposition under section 40(3) before the Appellate Board LD-28

• Notice for cancellation of registration of a Layout-Design or of assignment or transmission relating theretoLD-33 2,000

• Request for the permission to use the registered Layout-Design without authorization of the proprietorLD-34 2,000

• Application to high court against decision or order of Appellate Board LD-35 2,000

• Application for registration as a Layout-Design agent LDA-1 2,000

 

Layout – Design Which are prohibited from registration –

Section 7 of the Act prohibits certain Layout Design from registration

  • Which is not original; or
    • Which has been commercially exploited anywhere in India or in a convention country ;or
    • Which is not inherently distinctive ;or
    • Which is not inherently capable of being distinguishable from other Registered layout – design .

Acceptance and Opposition to Registration –

The registrar may refuse  the application or may accept it absolutely such for amendments or modification as he may think fit. After the acceptance of application but before registration of layout design. If the registrar is satisfied that the layout design is prohibited from registration under Section 7 he can withdraw the acceptance

When application is accepted for registration it shall be advertised in the prescribed manner within 14 days after the date of acceptance if after advertisement of an application

  1. And error in the application has been corrected

Or

  • The application has been permitted to be amendment barrister may at his discretion caused the application to be advertised again

Under section 11 of the act any person within three months from the date of the advertisement or re – advertisement in the prescribed manner or payment or of the prescribed fee gave notice in writing to registrar of opposition to the registration.

Certificate of Registration –

When an application called the registration of the layout design has been accepted and either the application has not been  opposed  and time for notice of opposition has expired or the application has been  opposed and the opposition has been decided in favor of the applicant , the Registrar shall register the layout design in the register .

On the registration of the layout design the registrar shall be issue to the applicant a certificate in the prescribed form of registration.

 

Duration of Registration –

The registration of the layout design shall be only for the period of 10 years counted from the date of filing an application for registration or from the date of first commercial exploitation anywhere in any country, whichever is earlier

Effect of Registration –

The Registration of the layout Design gives to Registered proprietor of the layout Design the exclusive right to the use of the Layout design and to obtain relief in respect of infringement this right shall be available to the registered proprietor of that layout design irrespective of the fact as to whether the layout design is incorporated in any article or not.

 

REFRENCES :

 

  1. Law relating to Intellectual Property Rights – V.K Ahuja ( Book )

 

  • Intellectual Property law – prof. Meenu paul

 

  • Intellectual Property Rights – prof Rupinder Tiwari

 

 

 

 

 

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The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

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