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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

.....- Correction and amendment Section13 - Registration Section14 - Jointly owned layout-design Section15 - Duration of registration Chapter IV Section16 - No action of infringement of unregistered layout-design Section17 - Rights conferred by registration Section18 - Infringement of layout-design Section19 - Registration to be prima facie evidence of validity Chapter V Section20 - Power of Registered Proprietor to assign and give receipts Section21 - Assignability and transmissibility of registered layout-design Section22 - Conditions for assignment otherwise than in connection with the goodwill of a business Section23 - Registration of assignments and transmissions Chapter VI Section24 - Registered users Section25 - Registration as registered user Section26 - Power of Registrar for cancellation of registration as registered user Section27 - Power of Registrar to call for information relating to agreement in respect of registered users Section28 - Right of registered user to take proceedings against infringement Section29 - Registered user not to have right of assignment or transmission Chapter VII Section30 - Power to rectify the register Section31 -.....

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

SEMICONDUCTOR INTEGRATED CIRCUITS LAYOUT-DESIGN ACT, 2000 SEMICONDUCTOR INTEGRATED CIRCUITS LAYOUT-DESIGN ACT, 2000 37 of 2000 September 4, 2000 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 :- CHAPTER 01 PRELIMINARY SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT (1) This Act may be called the Semiconductor Integrated Circuits Layout-Design Act, 2000. (2) It extends to.....

Semiconductor Integrated Circuits Layout-design Act, 2000 Chapter IV

Title: Effect of Registration

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 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

.....or sending them by post to the address for service of the applicant or opponent, as the case may be. Section 84 - Agents Where, by or under this Act, any act, other than the making of an affidavit, is required to be done before the Registrar by any person, the act may, subject to the rules made in this behalf, be done, instead of by that person himself, by a person duly authorised in the prescribed manner, who is-- (a) a legal practitioner, or (b) a person registered in the prescribed manner as a layout-design agent, or (c) a person in the sole and regular employment of the principal. Section 85 - Layout-design registered by an agent or representative without authority If an agent or a representative of the proprietor of a registered layout-design, without authority uses or attempts to register or registers the layout-design in his own name, the proprietor shall be entitled to oppose the registration applied for or secure its cancellation or rectification of the register so as to bring him as the registered proprietor of the said layout-design by assignment in his favour: Provided that such action shall be taken within three years of the registered proprietor of.....