Visit https://www.OnlineLawConnect.com for Lightning-Fast Access, and All-Encompassing Legal Resources.
Disclaimer: Users must read the end-user and data usage policy before proceed. Please click the Arrow to Open and Close.
This repository is created only and only for legal educational awareness and reference for the students. It is free of cost without any consideration and without any intention to form any legal contractual relationship. Information available here neither constitutes any obligatory legal relationship and\or professional binding in whatsoever manner like 'An Attorney' and\or 'Patent Agent' nor intended to form so in future. Professional services are delivered via designated professionals authorised by designated authorities in user's territorial or statutory jurisdiction, No such professional service(/s) is\are intended here. All information consolidated on this repository are only and only for non-commercial and educational use. Reader's highest discretion and vigilance is requested for using information in any possible format for making sure any such information in any such material or non-material form is validated by user and remains responsibility of user for any consequences - whether arising during the first use and\or any subsequent use by any further user(\s).
The best possible effort has been taken to make sure accuracy and authenticity is maintained. We request you in case any improvements or corrections in whatsoever manner is identified, please share details on email id infosapce4you@gmail.com, so that corrective measures can be taken for the benefit of all. The Intellectual Property Office website (https://ipindia.gov.in/), i.e. IPO of India under DPIIT under MCI remains the ultimate authority for finality of information on any and\or all IPR or related matters.
(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.
Without prejudice to the generality of the provisions of sub-section (2) of section 3, the Registrar may, by order in writing and for reasons to be recorded therein, withdraw any matter pending before an officer appointed under the said sub-section (2) and deal with such matter himself either de novo or from the stage it was so withdrawn or transferred the same to another officer so appointed who may subject to the special direction in the order of transfer deal with the matter either de novo or from the stage it was so transferred.
(1) For the purposes of this Act, there shall be established a Registry which shall be known as the Semiconductor Integrated Circuits Layout-Design Registry.
(2) The head office of the Semiconductor Integrated Circuits Layout-Design Registry shall be at such place as the Central Government may specify and for the purposes of facilitating the registration of layout-designs, there may be established, at such places as the Central Government may think fit, branch offices of the Semiconductor Integrated Circuits Layout-Design Registry.
(3) The Central Government may, by notification in the Official Gazette, define the territorial limits within which an office of the Semiconductor Integrated Circuits Layout-Design Registry may exercise its functions.
(4) There shall be seal of the Semiconductor Integrated Circuits Layout-Design Registry.
(1) For the purposes of this Act, a record called the Register of Layout-Designs shall be kept at the head office of the Semiconductor Integrated Circuits Layout-Design Registry wherein shall be entered all registered layout-designs with the names, addresses and descriptions of the proprietor and such other matters related to the registered layout-designs as may be prescribed.
(2) Subject to the superintendence and direction of the Central Government, the register shall be kept under the control and management of the Registrar.
(3) There shall be kept at each Branch office of the Semiconductor Integrated Circuits Layout-Design Registry a copy of the register and other documents as the Central Government may, by notification in the Official Gazette, direct.
(1) A layout-design :-
(a) which is not original; or
(b) which has been commercially exploited anywhere in India or in a convention country; or
(c) which is not inherently distinctive; or
(d) which is not inherently capable of being distinguishable from any other registered layout-design, shall not be registered as a layout-design:
Provided that a layout-design which has been commercially exploited for not more than two years from the date on which an application for its registration has been filed either in India or 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.