The Semiconductor Integrated Circuits Layout-Design Act, 2000/ Universal Law Publishing

THE SEMICONDUCTOR INTEGRATED CIRCUITS LAYOUT-DESIGN ACT, 2000
Inlroduclion
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement
2. Definitions
CHAPTER II
THE REGISTER AND CONDITIONS OF REGISTRATION 3. Registrar of Semiconductor Integrated Circuits Layout-Design 4. Power of Registrar to transfer pending matters
5. Registry 6. Register of Layout-Designs 7. Prohibition of Registration of certain layout-designs
CHAPTER III
PROCEDURE FOR AND DURATION OF REGISTRATION
8. Application for registration
9. Withdrawal of acceptance
10. Advertisement of application 11. Opposition to registration
12. Correction and amendment
13. Registration 14. Joindy owned layout-design
15. Dilation of registration
CHAPTER IV
EFFECT OF REGISTRATION
16. No action of infringement of unregistered layout-design 17. Rights conferred by registration 18. Infringement of layout-design 19. Registration to be prima facie evidence of validity
CHAPTER V
ASSIGNMENT AND TRANSMISSION
20. Power of registered proprietor to assign and give receipts 21. Assigrwbility and trarwmissibility of registered layout-design 22. Conditions for assignment otherwise than in coimection with the goodwill of a busirxess 23. Registration of assigiunents and transmissions

CHAPTER VI
USE OF LAYOUT-DESIGN AND REGISTERED USERS 24. Registered users
25. Registration as registered user 26. Power of Registrar for cancellation of registration as registered user . 27. Power of Registrar to call for information relating to agreement in respect of registered users 28. Right of registered user to lake proceedings against infringement
29. Registered user not to have right of assignment or transmission
CHAPTER VII
RECTIFICATION AND CORRECTION OF THE REGISTER
30. Power to rectify the register
31. Correction of register
CHAPTER VIII
APPELLATE BOARD 32. Establishment of Layout-Design Appellate Board 33. Composition of Appellate Board 34. Qualifications for appointment as Chairperson, Vice-Chairperson, or other Members 35. Term of office of Chairperson, Vice-Chairperson and Members. 36. Vice-Chairperson or senior-most Member to act as Chawperson or discharge his function in certain circumstances 37. Salaries, allowances and other terms and conditions of service of Chairperson, Vice-Chairperson and other Members 38. Resignation and removal 39. Staff of Appellate Board • . 40. Application to the Appellate Board to determine royalty 41. Power of the Board to cancel registration 42. Appeal to Appellate Board 43. Procedure and powers of Appellate Board • 44. Bar of jurisdiction of courts, etc. 45. Bar to appear before Appellate Board 46. Conditions as to making of interim order 47. Power of Chairperson to transfer cases from one Bench to another 48. Procedure for application for rectification, etc., before AppeUate Board 49. Appearance of Registrar in legal proceedings 50. Registrar to refer certain disputes to the Board 51. Power of the Board to permit certain uses 52. Costs of Registrar in proceedings before Appellate Board 53. Appeal 54. Pow'ers of High Courts to make rules 55. Transitional provisions CHAPTER IX OFFENCES, PENALTIES AND PROCEDURE 56. Perwlty for infringement of layout-design 57. Penalty for falsely representing a layout-design as registered . 58. Penalty for improperly describing a place of busine^ as with the Semiconductor Integrated Circuits Layout-Design Registry

59. Penalty for falsification of entries in the register 23 60. Forfeiture of goods : 23 61. Exemption of certain persons employed in ordinary 23course of business 62. Procedure where invalidit)' of registration is pleaded by the accused 24 63. Offences by companies 24 64. Cognizance of certain offences 25 65. Costs of defence or prosecution ~ 25 66. Information as to commission of offence 25
67. Punishment of abetment in India of acts done out of India 25
CHAPTER X
MISCELLANEOUS
68. Protection of security iii India . 25 69. Protection of action taken in good faith '. 26 70. Certain persons to be public servants 26 71. Implied warranty on sale of layout-design, etc. 26 72. Powers of Registrar 26 73. Exercise of discretionary power by Registrar 26 74. Evidence before Registrar 27 75. Death of party to a proceeding 27
76. Extension of time 27
77. Abandonment 27 78. Preliminary advice by the Registrar - 27 79. Registered user to be impleaded in certain proceedings 27 80. Evidence of entries in register, etc., and tilings done by the Registrar. . 28 81. Registrar and other officers not compellable to produce register, etc. . . 28 82. Certificate of validity . . . . 28
83. Address for service 28 84. Agents 28 85. Layout-design registered by an agent or representative without authority 28
86. Indexes 29 87. Dociunents open to public inspection 29 88. Reports of Registrar to be placed before Parliament 29 89. Fees and surcharge 29 90. Savings in respect of Chapter IX 29 91. Declaration as to ownership of layout-design not registerable under the Registration Act, 1908
92. Government to be bound 30
93. Convention countries 30 94. Provisions as to reciprocity 30
95. Power of Central Government to remove difficulties 30
96. Power to make rules 31
30
THE SEMICONDUCTOR INTEGRATED CIRCUITS
LAYOUT-DESIGN RULES, 2001

CHAPTER I
PRELIMINARY
Short title, extent and commencement
Definitions
Principal place of business in India
Appropriate office of the Semiconductor Integrated Circuits Layout-Design Registry Jurisdiction of appropriate office not altered by change in the principal place of business or address for service Entry of the appropriate office in register
Leaving of documents etc.
Documents, etc. filed or left not at the appropriate office
Issue of notices, etc.
Fees
Forms
Size, etc. of the documents Signing of documents
Service of documents
Particulars of address, etc. of applicants and other persons Statement of principal place of business in India in an application
Address for service Address for service in application and opposition proceedings . Non-availability of an address for service
Agency Preliminary advice by Registrar as to originality of the layout-design
CHAPTER II
PROCEDURE FOR REGISTRATION OF LAYOUT-DESIGN Application for Registration of Layout-Design
Form and signing of appUcation Application under reciprocal arrangements Procedure on receipt of application for registration Acknowledgement or receipt of application Objections to acceptance and hearing Notice of withdrawal of the application for registration Decision of the Registrar Correction and amendment of application Withdrawal of acceptance by the Registrar Advertisement of application
Marmer of advertisement Notification of correction or amendment of application Request to Registrar for particulars of advertisement of layout-design.

Opposition to Registration
33. Notice of opposition 42
34. Counter-statement 42
35. Evidence in support of opposition 42 36. Evidence in support of application 43
37. Evidence in reply by opponent 43
38. Further evidence 43
39. Exhibits 43
40. Translation of documents 43
41. Hearing and decision 43
42. Security for costs 43
Notice of non-completing of Registration
43. Procedure for giving notice 43
Registration
44. Entry in the Register 44
45. Death of applicant before registration 44 46. Certificate of registration 44
CHAPTER III
ASSIGNMENT AND TRANSMISSION
47. Application for entry of assignment or transmission 45
48. Particulars to be stated in application 45
49. Case accompanying application 45
50. Proof of title 45
51. Impounding of instruments 45 52. Assignments involving transmission of moneys outside India 45
53. Application for Registrar's direction as to advertisement of an assignment of a layout-design without goodwill of the business 45
54. Application for entry of assignment without goodwill . 46
CHAPTER IV
REGISTERED USER
55. Application for registration as registered user . 46
56. Entry in the Register . 47 57. Notice of registration as registered user . 47' 58. Cancellation of the registration of the registered user . 47
59. Registrar to require information for enforcing of topographical dimensions of the layout-design . 47
60. Notification for cancellation of Registration . 47
61. Procedure on application to cancel registration . 48 62. Registered user's application under sub-section (2) of section 31 48
CHAPTER VI
RECTIFICATION AND CORRECTION OF REGISTER
Rectification of Register
63. Application to rectify the register 48
64. Further procedure 48
65. Rectification of the Register by Appellate Board or the Registrar of its own motion 49
Rules
66. Order of the Appellate Board to tlie Registrar . 49
Change of Address
67. Alteration of address in register . 49
^ Correction of Register
68. Application under sub-sec^pn (1) of section 31 . 50
CHAPTER VII
APPELLATE BOARD
69. Cancellation of registration or of assignment or transmission of layout-design . 50 70. Board to permit certain uses of tire registered layout-design . 51 71. The time period for efforts under first proviso to the sub-section (1) of section 51 . 51
72. Review of the decision of the Appellate Board to permit use of registered layout-design . 51 73. Application to the Appellate Board for determining of royalty . 51 74. Appeal to the Appellate Board . 52
CHAPTER VIII
MISCELLANEOUS
75. Extension of time • 52 76. Exercise of discretionary power of Registrar . 52 77. Notification of decision • 52 78. Amendments and correction of irregularity in procedure . 52 79. Directions not otherwise prescribed • 52
Hearings
80. Hearings
Azvard of costs
81. Costs in uncontested cases 82. Exception to rule 81
83. Scale of costs
Revietu of Decision b\j Registrar
84. Application for review of Registrar s decision Affidavits
85. Form, etc. of affidavits Inspection of Documents by the Public
86. Inspection of documents ' 87. Distribution of copies of journal and other documents Certificates
55
88. Certified copies of documents • 89. Certificate for use in obtaining registration aboard • 90. Destruction of records Appeals to High Court
55
91. Time for appeal
Application to High Courts 92. Application made to the High Court to be served on the ^ Appellate Board

CHAPTER X
REGISTRATION OF LAYOUT-DESIGNS AGENTS 93.. Register of layout-design agents . 56 94. Qualification for registrations . 56 95. Persons debarred from registration . 56 96. Marmer of making application , 56 97. Application for registration as a layout-design agent . 56 98. Procedure on application and qualifying requirements . 57
99. Certificate of registration . 57 100. Continuance of a name in the register of layout-design agents . 57 101. Removal of agent's name from the register of layout-design agents 57 102. Power of Registrar to refuse to deal with certain agents . 58
103. Restoration of removed names . . 58 104. Alteration in the register of layout-desi^ agents . 58 105. Publication of the register of layout-design agents . 58
SCHEDULE I . 59
SCHEDULE //.—FORMS . 60 FORM LD-1.— Application for registration of layout-design 62 FORM LD-2.— Notice of opposition to application for registration of a layout-design . . , 63
FORM LD-3— Form of counter-statement . 64 FORM LD-4.-- Notice of intention to attend hearing 64 FORM LD-5.— Request for statement of grounds of decision . 65
FORM LD-6.— Request for correction of clerical error or for amendment . 65 FORM LD-7.— Affidavit (only to be furnished when required by Registrar in support of a request under Rule 49) . 66
FORM LD-8.— Application for directions for the advertisement of an assignment of layout-design otherwise than in connection with the goodwill of the business 66 FORM LD-9.— Application for extension of time in which to apply for the registrar's direction for the advertisement of an assignment of layout-design otherwise than in connection with the goodwill of the business . 67 FORM LD-10.— Request to register a subsequent proprietor of a layout-design upon the same devolution of title . 68 FORM LD-11.— Joint request by registered proprietor and transferee to register the transferee as subsequent proprietor of layout-design upon the same devolution of title . 68 FORM LD-12.— Application for the rectification of the register 69 FORM LD-13.— Application for registration of registered user 70 FORM LD-14.— Application by registered proprietor of a layout-design or by any of the registered user of the layout-design for the cancellation of the registered user thereof 71 FORM LD-15.— AppEcation for cancellation of entry of a registered user of a layout-design . . . 72 FORM LD-16.— Notice of intention to intervene in proceedings for the cancellation of an entry of a registered user of a layout-design . . . 72
FORM LD-17.— Request to enter change of name or description of registered proprietor (or registered user) of the la)'out-design upon the register . . . 73 FORM LD-18.— Request to enter change of name or description of registered proprietor (or registered user) of layoutdesign upon the register . . . 74
FORM LD-19.— Form of request by a registered proprietor or a registered user of a layout-design who has no principal place of
business in India, to enter, alter or substitute an address for service in India as part of his registration . 74
FORM- LD-20.— (Application by registered proprietor of layout-design for the cancellation of entry thereof in the register) 75
FORM LD-21.— Request for registrar's preliminary advice as to the originality or distinctiveness of the layout-design by a person proposing to apply for the registration of layout-design . . . 76 FORM LD-22.— Request for certificate of the Registrar . . . 76 FORM LD-23.— Application for extension of time not being a time expressly provided in the Act or a time for the extension of which provision is made in the rule. FORM LD-24.—Application for review of Registrar's decision FORM LD-25.— Request for duplicate or further copy of the certificate of registration
form LD-26.— Appeal to the appellate board under sub-section (3) of section 42
FORM LD-27.— Application for determining royalty FORM LD-28.— Opposition under section 40 (3) of the Semiconductor Integrated Circuits Layout-Design Act, 2000 before the layout-design appellate board form LD-29.— Request for review of decision of appellate board to permit use of registered layout-design . form LD-30.— Application for extension of time for giving notice of opposition form LD-31.— Request to registrar for particulars of advertisement of a layout-design form LD-32.— Form of authorisation of agent in a matter or proceeding under the Act form LD-33.— Application for cancellation of registration of a layout-design or of assignment or transmission relating thereto • " form LD-34.— Application under section 51 for the permission to use the registered layout-design form LD-35.-Application .0 High Court against decision or v
order of appellate board * form LDA-l.-Application for regiatraHon as a layout-designs agent . form LDA-2.- ApplicaHon for the restoration of the name of a FORM LiUA ^ layout-design agents . - . FORMLDA-3.-Applicationforanaiteration<)fanentryinthe register of layout design agents

SCHEDULE III.—List of the Forms to be used by the Registrar. . 86
FORM OLD-1.—Semiconductor integrated circuits layout-design registry notice of non-completion of registration . 86
FORM OLD-2.— Semiconductor integrated circuits layout-design registry certificate of registration . . 86
FORM OLD-3.— Notice under Rule 73 . . 87
FORM OLD-4.— Semiconductor integrated circuits layout-design registry certificate of registration to a layoutdesigns agent . 87
FORM OLD-5.— Semiconductor integrated circuits layout-design registry notice of registration as registered user . 88
FORM OLD-6.— Semiconductor integrated circuits layout-design registry notice of cancellation of registration of registered user . . 88
FORM OLD-7.— Notice of rectification/correction of the register . 89
FORM OLD-8.—Notice of cancellation of registration of a layoutdesign or of assignment or transmission relating thereto . 89
FORM OLE)-9.— Notice for review of decision permitting use of registered layout-design