LawgistThe Semiconductor Integrated Circuits Layout-Design Act
40Application 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 (5) of section 18.
(2) Every application under sub-section (1) shall be in such form and be accompanied by such affidavits, documents or any other evidence and by such fee in respect of the filing of such application and by such other fees for the service or execution of processes as may be prescribed.
(3) On receipt of an application under sub-section (1), the Appellate Board shall, after giving notice to the opposite party to file opposition within the prescribed time and manner and after giving opportunity of being heard to the applicant and the opposite party, dispose of the application.
(4) An order or decision made by the Appellate Board in disposing of the application under subsection (3) shall be executable by a civil court having local jurisdiction as if it were a decree made by that court.
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All sections
- 1 Short title, extent and commencement
- 2 Definitions
- 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
- 8 Application for registration
- 9 Withdrawal of acceptance
- 10 Advertisement of application
- 11 Opposition to registration
- 12 Correction and amendment
- 13 Registration
- 14 Jointly owned layout-design
- 15 Duration 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
- 20 Power of Registered Proprietor to assign and give receipts
- 21 Assignability and transmissibility of registered layout-design
- 22 Conditions for assignment otherwise than in connection with the goodwill of a business
- 23 Registration of assignments and transmissions
- 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 take proceedings against infringement
- 29 Registered user not to have right of assignment or transmission
- 30 Power to rectify the register
- 31 Correction of register
- 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 Chairperson 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 Appellate 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 Powers of High Courts to make rules
- 55 Transitional provisions
- 56 Penalty for infringement of layout-design
- 57 Penalty for falsely representing a layout-design as registered
- 58 Penalty for improperly describing a place of business as connected with the Semiconductor Integrated Circuits Layout-Design Registry
- 59 Penalty for falsification of entries in the register
- 60 Forfeiture of goods
- 61 Exemption of certain persons employed in ordinary course of business
- 62 Procedure where invalidity of registration is pleaded by the accused
- 63 Offences by companies
- 64 Cognizance of certain offences
- 65 Costs of defence or prosecution
- 66 Information as to commission of offence
- 67 Punishment of abetment in India of acts done out of India
- 68 Protection of security of India
- 69 Protection of action taken in good faith
- 70 Certain persons to be public servants
- 71 Implied warranty on sale of layout-design, etc
- 72 Powers of Registrar
- 73 Exercise of discretionary power by Registrar
- 74 Evidence before Registrar
- 75 Death of party to a proceeding
- 76 Extention of time
- 77 Abandonment
- 78 Preliminary advice by the Registrar
- 79 Registered user to be impleaded in certain proceedings
- 80 Evidence of entries in register, etc., and things done by the Registrar
- 81 Registrar and other officers not compellable to produce register, etc
- 82 Certificate of validity
- 83 Address for service
- 84 Agents
- 85 Layout-design registered by an agent or representative without authority
- 86 Indexes
- 87 Documents open to public inspection
- 88 Reports of Registrar to be placed before Parliament
- 89 Fees and surcharge
- 90 Savings in respect of Chapter IX
- 91 Declaration as to ownership of layout-design not registerable under the Registration Act, 1908
- 92 Government to be bound
- 93 Convention countries
- 94 Provision as to reciprocity
- 95 Power of Central Government to remove difficulties
- 96 Power to make rules
