Section Text
1) The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the other matters relating to the registered layout-designs to be entered in the register under sub-section (1) of section 6;
(b) the manner of applying to the Registrar for registration under sub-section (1) of section 8;
(c) the manner of advertising the application under sub-section (1) of section 10;
(d) the manner of notifying the correction or amendment in application under sub-section (2) of section 10;
(e) the manner of making application, the fee to be paid and the manner of giving notice under sub-section (1) of section 11;
(f) the manner of sending counter statement under sub-section (2) of section 11;
(g) the manner of submitting evidence under sub-section (4) of section 11;
(h) the form of issuing certificate under sub-section (2) of section 13;
(i) the manner of giving notice under sub-section (3) of section 13;
(j) the manner of making applications to register the title under sub-section (1) of section 23;
(k) the manner of applying to Registrar under sub-section (1) of section 25;
(l) the document to be prescribed under clause (c) of sub-section (1) of section 25;
(m) the manner of issuing notice under sub-section (3) of section 25; 30 (n) the manner of applications under clause (a) of sub-section (1) of section 26;
(o) the manner of making applications under clause (b) of sub-section (1) of section 26;
(p) the manner of making applications under clause (c) of sub-section (1) of section 26;
(q) the manner of issuing notice under sub-section (2) of section 26;
(r) the procedure of cancelling registration under sub-section (3) of section 26;
(s) the manner of applying to the Appellate Board under sub-section (1) of section 30;
(t) the manner of giving notice under sub-section (3) of section 30;
(u) the manner of serving notice under sub-section (4) of section 30;
(v) the manner of making application under sub-section (1) of section 31;
(w) the manner of making application under sub-section (2) of section 31;
(x) the salaries and allowances payable to and other terms and conditions of service of the Chairperson, Vice-Chairperson and other Members under sub-section (1) of section 37;
(y) the procedure for investigation of misbehaviour or incapacity of the Chairperson, Vice-Chairperson and other Members under sub-section (3) of section 38;
(z) the salaries and allowances and other conditions of service of the officers and other employees of the Appellate Board under sub-section (2) of section 39;
(za) the manner of general superintendence by the Chairperson under sub-section (3) of section 39;
(zb) the form of application, the affidavit, documents and other evidence and fee payable in respect of, filing of such application and other fees for the services or execution of process to be accompanied therewith under sub-section (2) of section 40;
(zc) the time limit for filing the opposition under sub-section (3) of section 40;
(zd) the form of making application and the fee to be a accompanied therewith under sub-section (1) of section 41;
(ze) the manner of giving notice under sub-section (2) of section 41;
(zf) the form of appeal, the manner of verification of such appeal and the fee to be accompanied therewith under sub-section (3) of section 42;
(zg) any other matter to be prescribed under clause (d) of sub-section (2) of section 43;
(zh) the form of application under sub-section (1) of section 48;
(zi) the manner of making application under sub-section (1) of section 51;
(zj) the period to be prescribed under the first proviso to sub-section (1) of section 51;
(zk) the manner of giving notice and opportunity of hearing to the parties under sub-section (3) of section 51;
(zl) the period to be prescribed under sub-section (1) of section 53;
(zm) the form of petition and particulars to be contained therein under sub-section (2) of section 53;
(zn) the manner of reviewing decisions by the registrar under clause (c) of section 72; 31 (zo) the time to be prescribed under section 73;
(zp) the manner of making application and the fee to be accompanied therewith under sub-section (1) of section 76;
(zq) the manner of making application under sub-section (1) of section 78;
(zr) the period of giving notice of withdrawal of application under sub-section (2) of section 78;
(zs) the manner of authorising a person under section 84;
(zt) the manner of registering a person as a layout-design agent under clause (b) of section 84;
(zu) the conditions to be prescribed under sub-section (1) of section 87;
(zv) the fee payable under sub-section (2) of section 87;
(zw) the fees and the surcharge to be paid under sub-section (1) of section 89;
(zx) any other matter which is required to be or may be prescribed.
(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 32 STATEMENT OF OBJECTS AND REASONS Electronics and Information Technology is one of the fastest growing sectors that has played a significant role in world economy. This is primarily due to the advancements in the field of electronics, computers and telecomnunication. Microelectronics- which primarily refers to Integrated Circuits (ICs) ranging from Small Scale Integration (SSI) to Very Large Scale Integration (VLSI) on a semiconductor chup has rightly been recognized as a core, strategic technology world-over, especially for Information Technology (IT) based society. Design of ICs requires considerable expertise and several hundreds of man years of effort depending on the complexity. Such efforts culminate into the lay-outs for ICs which are used for fabricating the ICs in the fabrication plants. To encourage continued investments in R & D to result in technological advancements in the field of microelectronics, protection of Intellectual Property Rights (IPR) embedded in the layout designs is of utmost importance.