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SIClDA, 2000.

Under the Semiconductor Integrated Circuits Layout Design Act, 2000, layout designs that can be registered include those that are: 1) Original and the result of a creator's intellect. 2) Not already commercially exploited in India for over 2 years prior to application. 3) Distinct and distinguishable from other known layout designs. 4) The result of the creator's intellectual effort and not commonly known. Registration provides 10 years of protection for layout designs and can be renewed.

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174 views1 page

SIClDA, 2000.

Under the Semiconductor Integrated Circuits Layout Design Act, 2000, layout designs that can be registered include those that are: 1) Original and the result of a creator's intellect. 2) Not already commercially exploited in India for over 2 years prior to application. 3) Distinct and distinguishable from other known layout designs. 4) The result of the creator's intellectual effort and not commonly known. Registration provides 10 years of protection for layout designs and can be renewed.

Uploaded by

ishita
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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What layout designs can be registered under the Semiconductor Integrated Circuits Layout Design

Act, 2000?

A Semiconductor is a substance whose electrical conductivity is between of a conductor and an


insulator. For example, a substance between copper or glass. These semiconductors now-a-days are
the originator of electronics such as solar cells, LEDs or another complex integrated circuits. Because
the semiconductors are highly in demand and very useful because of how easy it is to control the
conductivity, to amplify, switch or convert energy input. That’s why it has been seen as another
intellectual property that needs to be protected because of its nature of being highly exploited by
other competitors and go against public interest. Although adhering with the TRIPS agreement, the
government has drafted the act yet the enforceability of the same remains pending.

A person may get his layout design registered under the Semiconductor Integrated Circuits Layout
Design Act, 2000 (hereinafter ‘the act’). A registrar has been setup to functionalise the application
and registration of the same.

To get a Layout design registered under the act a few prohibitions and exceptions has been provided
in the act. Firstly, the layout design has to be original, which means that it should be made with the
efforts of a creator’s intellect. Second, That the layout design should not be commercially exploited
anywhere in India, which essentially means that the layout design should be not have been used to
gain profits by selling or using it in his business. However, an exception has been provided that if the
commercial exploitation has been going on for not more than 2 years from the date of applying for
registration it, it shall not be considered as being commercial exploited under this act and may be
applicable for registering. It should not be such that has been prohibited by any convention country
under the TRIPS agreement. Thirdly, the layout design has to be distinct and distinguishable from
other known layout designs. Fourthly, it has to be a result of the creator’s intellectual effort wherein
the layout design must not be commonly known to the creators or manufacturers of the layout
designs. However, if the layout design is a combination of other layout designs commonly known to
creators or manufactures, if the combined design is the result of the creator’s intellect, will be
applicable for registration.

The registration will be in the name of the creator or if the creation has been done in pursuance of
any commission or contract of the original layout design, in absence of any contractual provision
would be of the person who commissioned the work.

A person can get his layout design protected for a period of 10 years from the date of filing an
application or from the date of first commercial exploitation in India or any other country, whichever
is earlier. The same can be renewed from time to time.

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