Sections Particulars
Preamble
An Act to provide for the protection of semiconductor integrated circuits layout-designs and for matters connected therewith or incidental thereto.WHEREAS th...
Chapter I Preliminary
1 Short title, extent and commencement
1.     This Act may be called the Semiconductor Integrated Circuits Layout-Design Act, 2000.2.     It extends to the whole of India.3.     It shall come into ...
2 Definitions
In this Act, unless the context otherwise requires,—a.     “Appellate Board” means the Appellate Board established under section 32; b.    “assignment” means ...
Chapter II The Register and Conditions of Registration
3 Registrar of Semiconductor Integrated Circuits Layout-Design
1.     The Central Government may, by notification in the Official Gazette, appoint a person to be known as the Registrar of Semiconductor Integrated Circuits...
4 Power of Registrar to transfer pending matters
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 ...
5 Registry
1.     For the purposes of this Act, there shall be established a Registry which shall be known as the Semiconductor Integrated Circuits Layout-Design Registr...
6 Register of Layout-Designs
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-...
7 Prohibition of registration of certain layout designs
1.     A layout-design—a.     which is not original; or b.    which has been commercially exploited anywhere in India or in a convention country; orc.     ...
Chapter III Procedure for and Duration of Registration
8 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 ...
9 Withdrawal of acceptance
Where after the acceptance of an application for registration of layout-design, but before its registration, the Registrar is satisfied that the layout-design...
10 Advertisement of application
1.     When an application for registration of a layout-design has been accepted, the Registrar shall, within fourteen days after the date of acceptance, caus...
11 Opposition to registration
1.     Any person may, within three months from the date of the advertisement or readvertisement of an application for registration or within such further per...
12 Correction and amendment
The Registrar may on such terms as he thinks just—a.     at any time, whether before or after acceptance of an application for registration under section 8, ...
13 Registration
1.     Subject to the provisions of section 9, when an application for the registration of the layout-design has been accepted and either— a.     the appli...
14 Jointly owned layout-design
1.     Save as provided in sub-section (2), nothing in this Act shall authorise the registration of two or more persons who claim to be the creator of a layou...
15 Duration of registration
The registration of a layout-design shall be only for a period of ten years counted from the date of filing an application for registration or from the date o...
Chapter IV Effect of Registration
16 No action of infringement of unregistered layout-design
No person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered layout-design....
17 Rights conferred by registration
Subject to the other provisions of this Act, the registration of a layout-design shall, if valid, give to the registered proprietor of layout-design the exclu...
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.     ...
19 Registration to be prima facie evidence of validity
1.     In all legal proceedings relating to a layout-design registered under this Act (including application under section 30), the original registration of t...
Chapter V Assignment and Transmission
20 Power of Registered Proprietor to assign and give receipts
The person for the time being included in the register as proprietor of a layout design shall, subject to the provisions of this Act and to any right appearin...
21 Assignability and transmissibility of registered layout-design
Notwithstanding anything in any other law to the contrary, a registered layout design shall, subject to the provisions of this Chapter, be assignable and tran...
22 Conditions for assignment otherwise than in connection with the goodwill of a business
Where an assignment of a registered layout-design is made otherwise than in connection with the goodwill of business in which such layout-design has been or i...
23 Registration of assignments and transmissions
1.     Where a person becomes entitled by assignment or transmission to a registered layout-design, he shall apply in the prescribed manner to the Registrar t...
Chapter VI Distribution of Electricity
24 Registered users
Subject to the provisions of section 25, a person other than the registered proprietor of a layout-design may be registered as a registered user thereof....
25 Registration as registered user
1.     Where it is proposed that a person should be registered as a registered user of a layout-design, the registered proprietor and the proposed registered ...
26 Power of Registrar for cancellation of registration as registered user
1.     Without prejudice to the provisions of section 30, the registration of a person as registered user—a.     may be cancelled by the Registrar on applic...
27 Power of Registrar to call for information relating to agreement in respect of registered users
1.     The Registrar may, at any time during the continuance of the registration of the registered user, by notice in writing, require the registered proprie...
28 Right of registered user to take proceedings against infringement
Subject to any agreement subsisting between the parties, a registered user may make complaint before the competent criminal court for the infringement in his ...
29 Registered user not to have right of assignment or transmission
Nothing in this Act shall confer on a registered user of a layout-design any assignable or transmissible right to the use thereof. Explanation I— The right ...
Chapter VII Rectification and Correction of the Register
30 Power to rectify the register
1.     Any person aggrieved by the absence or omission from the register of any entry, or by any entry made in the register without sufficient cause, or by an...
31 Correction of register
1.     The Registrar may, on application made in the prescribed manner by the registered proprietor,—a.     correct any error in the name, address or descrip...
Chapter VIII Appellate Board
32 Establishment of Layout-Design Appellate Board
The Central Government shall, by notification in the Official Gazette, establish an Appellate Board to be known as the Layout-Design Appellate Board to exerci...
33 Composition of Appellate Board
1.     The Appellate Board shall consist of a Chairperson, Vice-Chairperson, and such other Members as the Central Government may deem fit and, subject to the...
34 Qualifications for appointment as Chairperson, Vice-Chairperson, or other Members
1.     A person shall not be qualified for appointment as Chairperson unless he—a.     is, or has been, a Judge of a High Court; orb.    has, for at least ...
35 Term of office of Chairperson, Vice-Chairperson and Members
The Chairperson, Vice-Chairperson or other Member shall hold office as such for a term of five years from the date on which he enters upon his office or until...
36 Vice Chairperson or senior-most Member to act as Chairperson or discharge his function in certain circumstances
1.     In the event of occurrence of any vacancy in the office of the Chairperson by reason of his death, resignation or otherwise, the Vice-Chairperson and i...
37 Salaries, allowances and other terms and conditions of service of Chairperson, Vice-Chairperson and other Members
1.     The salaries and allowances payable to, and other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the C...
38 Resignation and removal
1.     The Chairperson, Vice-Chairperson and any other Member may, by notice in writing under his hand addressed to the President of India, resign his office:...
39 Staff of Appellate Board
1.     The Central Government shall determine the nature and categories of the officers and other employees required to assist the Appellate Board in the disc...
40 Application to the Appellate Board to determine royalty
1.     The registered proprietor of a registered layout-design may make an application to the Appellate Board for determination of royalty under sub-section (...
41 Power of the Board to cancel registration
1.     Any person may make an application, in the prescribed form accompanied by prescribed fee, to the Appellate Board for cancellation of the registration o...
42 Appeal to Appellate Board
1.     Any person aggrieved by an order or decision of the Registrar under this Act, or the rules made there under may prefer an appeal to the Appellate Board...
43 Procedure and powers of Appellate Board
1.     The Appellate Board shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908 but shall be guided by principles of natural jus...
44 Bar of jurisdiction of courts, etc.
No court or other authority shall have or, be entitled to, exercise any jurisdiction, powers or authority in relation to the matters referred to in sub-secti...
45 Bar to appear before Appellate Board
On ceasing to hold office, the Chairperson, Vice-Chairperson or other Members shall not appear before the Appellate Board or the Registrar. ...
46 Conditions as to making of interim order
Notwithstanding anything contained in any other provisions of this Act or in any other law for the time being in force, no interim order (whether by way of in...
47 Power of Chairperson to transfer cases from one Bench to another
On the application of any of the parties and after notice to the parties, and after hearing such of them as he may desire to be heard, or on his own motion w...
48 Procedure for application for rectification, etc., before Appellate Board
1.     An application for rectification of the register made to the Appellate Board under section 30 shall be in such form as may be prescribed. 2.     A cert...
49 Appearance of Registrar in legal proceedings
1.     The Registrar shall have the right to appear and be heard— a.     in any legal proceedings before the Appellate Board in which the relief sought incl...
50 Registrar to refer certain disputes to the Board
If any question arises in any proceedings before Registrar, whether a layout-design has been commercially exploited for more than two years anywhere in a con...
51 Power of the Board to permit certain uses
1.     Notwithstanding anything contained in this Act, the Appellate Board may on an application made in the prescribed manner before it on behalf of the Gove...
52 Costs of Registrar in proceedings before Appellate Board
In all proceedings under this Act before the Appellate Board the costs of the Registrar shall be in the discretion of the Board, but the Registrar shall not b...
53 Appeal
1.     Any person aggrieved by any decision or order of the Appellate Board under this Act may, within the prescribed period appeal to the High Court within ...
54 Powers of High Court to make rules
The High Court may make rules consistent with this Act as to the conduct and procedure of all proceeding under this Act before it. ...
55 Transitional provisions
Notwithstanding anything contained in this Act, till the establishment of the Appellate Board under section 32, the Intellectual Property Appellate Board esta...
Chapter IX Offences, Penalties and Procedure
56 Penalty for infringement of layout-design
Any person who contravenes knowingly and wilfully any of the provisions of section 18 shall be punishable with imprisonment for a term which may extend to thr...
57 Penalty for falsely representing a layout-design as registered
1.     No person shall make any representation with respect to a layout-design not being a registered layout-design, to the effect that it is a registered lay...
58 Penalty for improperly describing a place of business as connected with the Semiconductor Integrated Circuits Layout-Design Registry
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...
59 Penalty for falsification of entries in the register
If any person makes, or causes to be made, a false entry in the register, or a writing falsely purporting to be a copy of an entry in the register, or produ...
60 Forfeiture of goods
1.     Where a person is convicted of an offence under section 56, the court convicting him may direct the forfeiture to Government of all goods and things by...
61 Exemption of certain persons employed in ordinary course of business
Where a person accused of an offence under section 56 proves— a.     that in the case which is the subject of the charge he was so employed that it relates to...
62 Procedure where invalidity of registration is pleaded by the accused
1.     Where the offence charged under section 56 is in relation to a registered layout design and the accused pleads that the registration of the layout-des...
63 Offences by companies
1.     If the person committing an offence under this Act is a company, the company as well as every person in charge of, and responsible to, the company for ...
64 Cognizance of certain offences
No court shall take cognizance—a.     of an offence under section 56 or section 57 except on the complaint in writing made by the registered proprietor or th...
65 Costs of defence or prosecution
In any prosecution under this Act, the court may order such costs to be paid by the accused to the complainant, or by the complainant to the accused, as the ...
66 Information as to commission of offence
An officer of the Government whose duty it is to take part in the enforcement of the provisions of this Chapter shall not be compelled in any court to say wh...
67 Punishment of abetment in India of acts done out of India
If any person, being within India, abets the commission, without India, of any act which, if committed in India, would, under this Act, be an offence, he may ...
Chapter X Miscellaneous
68 Protection of security of India
Notwithstanding anything contained in this Act, the Registrar shall— a.     not disclose any information relating to the registration of a layout-design or an...
69 Protection of action taken in good faith
No suit or other legal proceedings shall lie against any person in respect of anything which is in good faith done or intended to be done in pursuance of thi...
70 Certain persons to be public servants
Every person appointed, under this Act and every Member of the Appellate Board shall be deemed to be a public servant within the meaning of section 21 of the ...
71 Implied warranty on sale of layoutdesign, etc.
Where a registered layout-design, or a semiconductor integrated circuit in which a registered layout-design is incorporated, or an article incorporating such ...
72 Powers of Registrar
In all proceedings under this Act before the Registrar,— a.     the Registrar shall have all the powers, of a civil court for the purposes of receiving eviden...
73 Exercise of discretionary power by Registrar
Subject to the provisions of section 76, the Registrar shall not exercise any discretionary or other power vested in him by this Act or the rules made there u...
74 Evidence before Registrar
In any proceeding under this Act before the Registrar, evidence shall be given by affidavit:Provided that the Registrar may, if he thinks fit, take oral evide...
75 Death of party to a proceeding
If a person who is a party to a proceeding under this Act (not being a proceeding before the Appellate Board or a court) dies pending the proceeding, the Regi...
76 Extention 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 caus...
77 Abandonment
. Where, in the opinion of the Registrar, an applicant is in default in the prosecution of an application filed under this Act, the Registrar may, by notice r...
78 Preliminary advice by the Registrar
. 1.     The Registrar may, on application made to him in the prescribed manner by any person who proposes to apply for the registration of a layout-design, g...
79 Registered user to be impleaded in certain proceedings
. 1.     In every proceeding under Chapter VII or under section 42, every registered user of a layout-design, who is not himself an applicant in respect of an...
80 Evidence of entries in register, etc., and things done by the Registrar
1.     A copy of any entry in the register or of any document referred to in sub-section (1) of section 87 purporting to be certified by the Registrar and sea...
81 Registrar and other officers not compellable to produce register, etc.
The Registrar or any other officer of the Semiconductor Integrated Circuits Layout-Design Registry shall not, in any legal proceedings to which he is not a p...
82 Certificate of validity
If in any legal proceeding for rectification of the register before the Appellate Board a decision is on contest given in favour of the registered proprietor ...
83 Address for service
. An address for service stated in an application or notice of opposition shall, for the purposes of the application or notice of opposition, be deemed to be...
84 Agents
Where, by or under this Act, any act, other then the making of an affidavit, is required to be done before the Registrar by any person, the act may, subject t...
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...
86 Indexes
There shall be kept under the direction and supervision of the Registrar—a.     an index of registered layout-designs,b.    an index of layout-designs in res...
87 Documents open to public inspection
1.     Save as otherwise provided in sub-section (4) of section 25,— a.     the register and any document upon which any entry in the register is based; b.  ...
88 Reports of Registrar to be placed before Parliament
The Central Government shall cause to be placed before both Houses of Parliament once a year a report respecting the execution by or under the Registrar of th...
89 Fees and surcharge
1.     There shall be paid in respect of applications and registration and other matters under this Act such fees and surcharge as may be prescribed by the Ce...
90 Savings in respect of Chapter IX
Nothing in Chapter IX shall be construed so as to render liable to any prosecution or punishment any servant of a master resident in India who in good faith a...
91 Declaration as to ownership of layout-design not registerable under the Registration Act, 1908
Notwithstanding anything contained in the Registration Act, 1908, no document declaring or purporting to declare the ownership or title of a person to a layo...
92 Government to be bound
The provisions of this Act shall be binding on the Government. ...
93 Convention countries
With a view to the fulfilment of a treaty, convention or arrangement with any country outside India which affords to citizens of India similar privileges as g...
94 Provision as to reciprocity
Where any country specified by the Central Government in this behalf by notification in the Official Gazette under section 93 does not accord to citizens of I...
95 Power of Central Government to remove difficulties
1.     If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make s...
96 Power to make rules
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 wit...
Have a Legal Issue?
Get connected to the Best Lawyers and Chartered Accountants Near You!