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Semiconductor Integrated Circuits Layout-design Act, 2000 Part 1

Title: The Semiconductor Integrated Circuits Layout-design Act, 2000

State: Central

Year: 2000

THE SEMICONDUCTOR INTEGRATED CIRCUITS LAYOUT-DESIGN ACT, 2000 [Act, No. 37 of 2000] [4Th September, 2000] PREAMBLE An Act to provide for the protection of semiconductor integrated circuits layout-designs and for matters connected therewith or incidental thereto. whereas the Final Act embodying the results of the Uruguay Round of Multilateral Trade Negotiations done at Marrakesh on the 15th day of April, 1994 provides for establishment of the World Trade Organisation; and whereas the Agreement on Trade Related Aspects of Intellectual Property Rights is part of the said Final Act; and whereas the Government of India, having ratified the said Final Act, should, inter alia, make provisions for giving effect to section 6 in Part II of the Agreement on Trade Related Aspects of Intellectual Property Rights relating to Layout-Design (Topographies) of Integrated Circuits: be it enacted by Parliament in the Fifty-first Year of the Republic of India as follows:--

Semiconductor Integrated Circuits Layout-design Act, 2000 Complete Act

Title: Semiconductor Integrated Circuits Layout-design Act, 2000

State: Central

Year: 2000

..... Section44 - Bar of jurisdiction of courts, etc. Section45 - Bar to appear before Appellate Board Section46 - Conditions as to making of interim order Section47 - Power of Chairperson to transfer cases from one Bench to another Section48 - Procedure for application for rectification, etc., before Appellate Board Section49 - Appearance of Registrar in legal proceedings Section50 - Registrar to refer certain disputes to the Board Section51 - Power of the Board to permit certain uses Section52 - Costs of Registrar in proceedings before Appellate Board Section53 - Appeal Section54 - Powers of High Courts to make rules Section55 - Transitional provisions Chapter IX Section56 - Penalty for infringement of layout-design Section57 - Penalty for falsely representing a layout-design as registered Section58 - Penalty for improperly describing a place of business as connected with the Semiconductor Integrated Circuits Layout-Design Registry Section59 - Penalty for falsification of entries in the register Section60 - Forfeiture of goods Section61 - Exemption of certain persons employed in ordinary course of business Section62 - Procedure where invalidity of registration is.....

Semiconductor Integrated Circuits Layout-design Act, 2000 Section 3

Title: Registrar of Semiconductor Integrated Circuits Layout-design

State: Central

Year: 2000

(1) 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. (2) The Central Government may appoint such other officers with such designation as it thinks fit for the purpose of discharging, under the superintendence and direction of the Registrar, such functions of the Registrar under this Act as he may from time to time authorise them to discharge.

Semiconductor Integrated Circuits Layout-design Act, 2000 Section 58

Title: Penalty for Improperly Describing a Place of Business as Connected with the Semiconductor Integrated Circuits Layout-design Registry

State: Central

Year: 2000

If any person uses on his place of business, or on any document issued by him, or otherwise, words which would reasonably lead to the belief that his place of business is, or is officially connected with, the Semiconductor Integrated Circuits Layout-Design Registry, he shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.

Semiconductor Integrated Circuits Layoutdesign Act, 2000 Complete Act

State: Central

Year: 2000

.....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 : Provided that a layout-design consisting of such combination of elements and interconnections that are commonly known among creators of layout-designs and manufacturers of semiconductor integrated circuits shall be considered as original if such combination taken as a whole is the result of its creator's own intellectual efforts. (3) Where an original layout-design has been created in execution of a commission or a contract of employment, the right of registration to such layout-design under this Act shall belong, in the absence of any contractual provision to the contrary, to the person who commissioned the work or to the employer. CHAPTER 03 PROCEDURE FOR AND DURATION OF REGISTRATION SECTION 08: APPLICATION FOR REGISTRATION (1) 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. (2) Every application.....

Semiconductor Integrated Circuits Layout-design Act, 2000 Chapter IV

Title: Effect of Registration

State: Central

Year: 2000

.....rights conferred by the registration of a layout-design shall be available to the registered proprietor of that layout-design irrespective of the fact as to whether the layout-design is incorporated in an article or not. Section 18 - Infringement of layout-design (1) A registered layout-design is infringed by a person who, not being the registered proprietor of the layout-design or a registered user thereof,-- (a) 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, except such act of reproducing any part thereof which is not original within the meaning of sub-section (2) of section 7; (b) subject to the provisions of sub-section (5), 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 this Act. Registration to be prima facie evidence of validity.-- .....

Semiconductor Integrated Circuits Layout-design Act, 2000 Section 18

Title: Infringement of Layout-design

State: Central

Year: 2000

.....layout-design in its entirety or any part thereof, except such act of reproducing any part thereof which is not original within the meaning of sub-section (2) of section 7; (b) subject to the provisions of sub-section (5), 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 this Act. Registration to be prima facie evidence of validity.-- (2) Notwithstanding anything contained in section 17, sub-section (1) or sub-section (5), the performance of the act of reproduction referred to in clause (a) of sub-section (1), where such act is performed for the limited purposes of scientific evaluation, analysis, research or teaching, shall not constitute act of infringement within the meaning of that clause. (3) Where a person, on the basis of scientific evaluation or analysis of a registered layout-design, creates another layout-design which is original within the meaning of.....

Semiconductor Integrated Circuits Layout-design Act, 2000 Chapter II

Title: The Register and Conditions of Registration

State: Central

Year: 2000

.....in a convention country shall be treated as not having been commercially exploited for the purposes of this sub-section. (2) 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: Provided that a layout-design consisting of such combination of elements and interconnections that are commonly known among creators of layout-designs and manufacturers of semiconductor integrated circuits shall be considered as original if such combination taken as a whole is the result of its creator's own intellectual efforts. (3) Where an original layout-design has been created in execution of a commission or a contract of employment, the right of registration to such layout-design under this Act shall belong, in the absence of any contractual provision to the contrary, to the person who commissioned the work or to the employer.

Semiconductor Integrated Circuits Layout-design Act, 2000 Chapter I

Title: Preliminary

State: Central

Year: 2000

.....appointed as such under this Act, and includes the Chairperson or such Vice-Chairperson who possesses any of the qualifications specified in sub-section (3) of section 34; (h) "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; (i) "Member" means a Judicial Member or a Technical Member of the Appellate Board and includes the Chairperson and the Vice-Chairperson; (j) "notify" means to notify in the Semiconductor Integrated Circuit Journal published by the Registrar; (k) "prescribed" means prescribed by rules made under this Act; (l) "register" means the Register of Layout-Designs referred to in section 6; (m) "registered" (with its grammatical variations) means registered under this Act; (n) "registered layout-design" means a layout-design which is actually on the register; (o) "registered proprietor", in relation to a layout-design, means the person for the time being entered in the register as proprietor of the layout-design; (p) "registered user" means a person who is for the time being registered as such under section.....

Semiconductor Integrated Circuits Layout-design Act, 2000 Chapter X

Title: Miscellaneous

State: Central

Year: 2000

.....(not being a proceeding before the Appellate Board or a court) dies pending the proceeding, the Registrar may, on request, and on proof to his satisfaction of the transmission of the interest of the deceased person, substitute in the proceeding his successor in interest in his place, or, if the Registrar is of opinion that the interest of the deceased person is sufficiently represented by the surviving parties, permit the proceeding to continue without the substitution of his successor in interest. Section 76 - Extension of time (1) If the Registrar is satisfied, on application made to him in the prescribed manner and accompanied by the prescribed fee, that there is sufficient cause for extending the time for doing any act (not being a time expressly provided in the Act), whether the time so specified has expired or not, he may, subject to such conditions as he may think fit to impose, extend the time and inform the parties accordingly. (2) Nothing in sub-section (1) shall be deemed to require the Registrar to hear the parties, before disposing of an application for extension of time and no appeal shall lie from any order of the Registrar under this section. Section 77 -.....