Lawgist2Definitions
In this Act, unles the context otherwise requires,--
(a) "Appellate Board" means the Appellate Board established under section 32;
(b) "assignment" means an assignment in writing by act of the parties concerned;
(c) "Bench" means a Bench of the Appellate Board;
(d) "Chairperson" means the Chairperson of the Appellate Board;
(e) "commercial exploitation", in relation to Semiconductor Integrated Circuits Layout-Design, means to sell, lease, offer or exhibit for sale or otherwise distribute such semiconductor integrated circuit for any commercial purpose;
(f) "convention country" means a country notified as such under section 93;
(g) "Judicial Member" means a Member of the Appellate Board appointed as such under this Act, and includes the Chairperson or such Vice-Chairperson who possesses any of the qualifications specified in sub-section (3) of section 34;
(h) "layout-design" means a layout of transistors and other circuitry elements and includes lead wires connecting such elements and expressed in any manner in a semiconductor integrated circuit;
(i) "Member" means a Judicial Member or a Technical Member of the Appellate Board and includes the Chairperson and the Vice-Chairperson;
(j) "notify" means to notify in the Semiconductor Integrated Circuit Journal published by the Registrar;
(k) "prescribed" means prescribed by rules made under this Act;
(l) "register" means the Register of Layout-Designs referred to in section 6;
(m) "registered" (with its grammatical variations) means registered under this Act;
(n) "registered layout-design" means a layout-design which is actually on the register;
(o) "registered proprietor", in relation to a layout-design, means the person for the time being entered in the register as proprietor of the layout-design;
(p) "registered user" means a person who is for the time being registered as such under section 25;
(q) "Registrar" means the Registrar of Semiconductor Integrated Circuits Layout-Design referred to in section 3;
(r) "semiconductor integrated circuit" means a product having transistors and other circuitry elements which are inseparably formed on a semiconductor material or an insulating material or inside the semiconductor material and designed to perform an electronic circuitry function;
(s) "Technical Member" means a Member of the Appellate Board who is not a Judicial Member and includes the Chairperson or such Vice-Chairperson who possesses any of the qualifications specified in sub-section (4) of section 34;
(t) "transmission" means transmission by operation of law, devolution on the personal representation of a deceased person or any other mode of transfer not being assignment;
(u) "Vice-Chairperson" means the Vice-Chairperson of the Appellate Board;
(v) any reference to the Semiconductor Integrated Circuits Layout-Design Registry shall be construed as including a reference to any office of the Semiconductor Integrated Circuits LayoutDesign Registry.
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- 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
