1. Does India have a Law to protect Integrated Circuits(IC) and what is the protection available for IC in India?
2. Who administers the above legislation and is registration compulsorily for protection?
3. What are the criteria for protection under the Act?
4. What is the procedure for registration?
5. What is the duration of protection under the Act?
6. What will constitute infringement?
7. What are the defenses available to the infringement action under the Act?
8. Can a registered design be revoked?
9. What are the remedies available for infringement of registered design?
10. Can the registered owner initiate criminal cases for infringement on his own?
11. Is there a right of appeal against the orders passed by the Registry?
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1.
Does India have a Law to protect Integrated Circuits(IC)
and what is the protection available for IC in India?
Yes. India had passed the Semi Conductor Integrated
Circuits Lay Out Design Act, 2000 and it defines semi
conductor integrated circuit as a product having transistors
or other circuitry elements, which are inseparably formed
on a semiconductor material or an insulating material
or inside the semiconductor material and design to perform
an electronic circuitry functions.
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2.
Who administers the above legislation and is registration
compulsorily for protection?
There is a Semi Conductor
Integrated Circuit Lay Out Design Registry at Delhi
and it functions under the Ministry of Electronics.
Registration is compulsory for protection under
the Act.
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3.
What are the criteria for protection under the Act?
For a Lay Out to be registered it must be:
a) Original
b) Which has not been commercially exploited for more
than two years prior to the date of application.
c) It must be inherently distinctive.
It will be considered original, if it is the result
of it’s creators original intellectual effort
and is not commonly known to persons skilled in the
art at the time of its creation. Even if the combination
of the elements or inter connection or commonly known,
if such combination taken as the whole is new and is
the result of its creators intellectual efforts it can
be protected.
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4.
What is the procedure for registration?
An application for registration will be examined
by the Registry and if the application meets the criteria
for protection, then the application will be advertised
in the prescribed manner.
Within three months of such advertisement, any person
may oppose the grant of registration and thereafter,
the Registrar will serve a copy of the opposition to
the applicant.
If the applicant fails to respond within two months,
he shall be deemed to have abandoned the application.
Thereafter, parties are permitted to file their evidence
and it will be decided as a quasi-judicial matter. During
these proceedings, the applicants are permitted to correct
clerical errors or even make amendments to the application.
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5.
What is the duration of protection under the Act?
The duration of protection shall be for a period
of TEN YEARS from the date of filing the application
or from the date of first commercial exploitation whichever
is earlier.
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6.
What will constitute infringement?
Infringement occurs when the Lay Out Design
of integrated chips is incorporated either in its entirety
or part thereof and when such an articles is either
sold in the market or imported in India infringement
occurs.
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7.
What are the defenses available to the infringement
action under the Act?
a) Use for the purposes of scientific evaluation,
analysis, research or teaching.
b) Use of the protected Lay Out Design without actual
knowledge of the Lay Out Design having been registered.
c) Use of the design with the consent of the registered
owner.
d) Use by a person who has by his own independent intellect
and effort has created a Lay Out Design, which is similar
to the allegedly infringing design, prior to the date
of registration of the registered owner.
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8.
Can a registered design be revoked?
Normally, a registered design is conclusive
proof of validity.
However, in extraordinary cases, on furnishing evidence
showing lack of originality, a registered design can
be revoked.
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9.
What are the remedies available for infringement of
registered design?
The law provides both civil and criminal remedies.
An infringement of Layout design is an offence, which
is punishable with an imprisonment of three years and
fine up to Rs.10 lakhs. Similarly, a person without
actually obtaining registration cannot claim that the
same design has been infringed. On conviction of the
offenders, the infringing copies can be forfeited.
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10.
Can the registered owner initiate criminal cases for
infringement on his own?
Section 64 provides
that a registered owner can straight away initiate proceedings
for infringement in a criminal court.
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11.
Is there a right of appeal against the orders passed
by the Registry?
There is an Appellate Board known as Lay Out
Design Appellate Board and is headed by a Chairman,
who has been a Judge of a High Court and also comprises
technical members. An appeal against the order of Registrar
has to be made within three months of date of communication
of the order.
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