Lawgist7Prohibition of registration of certain layout-designs
(1) A layout-design--
(a) which is not original; or
(b) which has been commercially exploited anywhere in India or in a convention country; or
(c) which is not inherently distinctive; or
(d) which is not inherently capable of being distinguishable from any other registered layoutdesign,
shall not be registered as a layout-design:
Provided that a layout-design which has been commercially exploited for not more than two years from the date on which an application for its registration has been filed either in India or in a convention country shall be treated as not having been commercially exploited for the purposes of this sub-section.
(2) A layout-design shall be considered to be original if it is the result of its creator's own intellectual efforts and is not commonly known to the creators of layout-designs and manufacturers of semiconductor integrated circuits at the time of its creation:
Provided that a layout-design consisting of such combination of elements and interconnections that are commonly known among creators of layout-designs and manufacturers of semiconductor integrated circuits shall be considered as original if such combination taken as a whole is the result of its creator's own intellectual efforts.
(3) Where an original layout-design has been created in execution of a commission or a contract of employment, the right of registration to such layout-design under this Act shall belong, in the absence of any contractual provision to the contrary, to the person who commissioned the work or to the employer.
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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
