WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/IND/L/1
11 January 2001
(01-0140)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
INDIA
By means of a communication from its Permanent Mission, dated 22 December 2000, India
has notified the attached text1 of The Semiconductor Integrated Circuits Layout-Design Act, 2000,
under Article 63.2 of the Agreement.
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
INDE
Par une communication de sa Mission permanente, datée du 22 décembre 2000, l'Inde a
notifié le texte
1 ci-joint de la Loi de 2000 sur les schémas de configuration de circuits intégrés de
semi-conducteurs, au titre de l'article 63:2 de l'Accord.
Consejo de los Aspectos de los Derechos de Propiedad
Intelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
INDIA
Mediante una comunicación de su Misión Permanente, de fecha 22 de diciembre de 2000, la
India ha notificado el texto1 adjunto de la Ley sobre los Esquemas de Trazado de Circuitos Integrados
de Semiconductores, 2000, en virtud de lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo.
                                                     
1 In English only./En anglais seulement./En inglés solamente.IP/N/1/IND/L/1
Page 2
MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS
(Legislative Department)
New Delhi, the  4th September,  2000/ Bhadra  13,1922 (Saka)
The following Act of Parliament received the assent of the President on the 4th
September,2000 and is hereby published for General information: —
THE SEMICONDUCTOR INTEGRATED CIRCUITS
LAYOUT-DESIGN ACT, 2000
No. 37 OF 2000
[4th September, 2000]
An Act to provide for the protection of semiconductor integrated circuits layout-
designs and for matters connected therewith or incidental thereto.
           WHEREAS the Final Act embodying the results of the Uruguay Round of Multilateral Trade
Negotiations done at Marrakesh on the 15th day of April, 1994 provides for establishment of the World
Trade Organisation;
           AND WHEREAS the Agreement on Trade Related Aspects of Intellectual Property Rights is
part of the said Final Act;
           AND WHEREAS the Government of India, having ratified the said Final Act, should, inter alia,
make provisions for giving effect to section 6 in Part II  of  the  Agreement  on  Trade Related Aspects
of Intellectual Property Rights relating to Layout-Design (Topographies) of Integrated Circuits:
         B E it enacted by Parliament in  the  Fifty-first  Year  of  the  Republic  of India as follows:-
CHAPTER I
PRELIMINARY
Short title,
extent and
commencement.1. (1) This Act may be called the Semiconductor Integrated Circuits Layout-
Design Act, 2000.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint; and different dates may be appointed fo r
different provisions of this Act, and any reference in any such provision to thecommencement of this Act shall be construed as a reference to the coming into forceof that provision.IP/N/1/IND/L/1
Page 3
Definitions2. In this Act, unless  the context otherwise requires, —
(a) “Appellate Board ” means the Appellate Board established unde r
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 fo r
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 semiconducto r
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;IP/N/1/IND/L/1
Page 4
(t) “transmission ” means transmission by operation of law, devolution on the
personal representation of a deceased person or any other mode of transfe r
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 Layout-Design Registry.
CHAPTER II
THE  REGISTER   AND CONDITIONS   OF  REGISTRATION
3. (1) The Central Government may, by notification in the Official Gazette,
appoint a person to be known as the Registrar of Semiconductor Integrated Circuits
Layout-Design for the purposes of this Act.
(2) The Central Government may appoint such other officers with such
designation as it thinks fit for the purpose of discharging, under the superintendence
and direction of the Registrar, such functions of the Registrar under this Act as he mayfrom time to time authorise them to discharge.Registrar of
Semiconductor
Integrated
Circuits Layout-Design.
4. Without prejudice to the generality of the provisions of sub-section (2) of
section 3, the Registrar may, by order in writing and for reasons to be recorded therein,
withdraw any matter pending before an officer appointed under the said sub-section (2)
and deal with such matter himself either de novo  or from the stage it was so withdrawn
or transferred the same to another officer so appointed who may subject to the special
direction in the order of transfer deal with the matter either de novo  or from the stage it
was so transferred.Power of
Registrar totransfer pending
matters.
5. (1) For the purposes of this Act, there shall be established a Registry which
shall be known as the Semiconductor Integrated Circuits Layout-Design Registry.
(2) The head office of the Semiconductor Integrated Circuits Layout-Design
Registry shall be at such place as the Central Government may specify and for thepurposes of facilitating the registration of layout-designs, there may be established, atsuch places as the Central Government may think fit, branch offices of theSemiconductor Integrated Circuits Layout-Design Registry.
(3) The Central Government may, by notification in the Official Gazette, define
the territorial limits within which an office of the Semiconductor Integrated CircuitsLayout-Design Registry may exercise its functions.
(4) There shall be seal of the Semiconductor Integrated Circuits Layout-Design
Registry.
6. (1) For the purposes of this Act, a record called the Register of Layout-
Designs shall be kept at the head office of the Semiconductor Integrated Circuits
Layout-Design Registry wherein shall be entered all registered layout-designs with thenames, addresses and descriptions of the proprietor and such other matters related tothe registered layout-designs as may be prescribed.Registry.
Register of
Layout-DesignsIP/N/1/IND/L/1
Page 5
(2) Subject to the superintendence and direction of the Central Government,
the register shall be kept under the control and management of the Registrar.
(3) There shall be kept at each branch office of the Semiconductor Integrated
Circuits Layout-Design Registry a copy of the register and other documents as the
Central Government may, by notification in the Official Gazette, direct..
Prohibition of
registration of
certain layout-designs.
Application for
registration.7. (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 othe r
registered layout-design,
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 beenfiled either in India or in a convention country shall be treated as not having beencommercially 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 itscreation:
Provided that a layout-design consisting of such combination of elements and
interconnections that are commonly known among creators of layout-designs andmanufacturers of semiconductor integrated circuits shall be considered as original i
f
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.
CHAPTER III
P
ROCEDURE  FOR AND DURATION OF REGISTRATION
8. (1) Any person claiming to be the creator of a layout-design, who is desirous
of registering it, shall apply in writing to the Registrar in the prescribed manner for the
registration of his layout-design.
(2) Every application under sub-section (1) shall be filed in the office of the
Semiconductor Integrated Circuits Layout-Design Registry within whose territorial limits
the principal place of business in India of the applicant or in the case of joint applicationthe principal place of business in India of the applicant whose name is first mentionedin the application, as having a place of business in India, is situate:IP/N/1/IND/L/1
Page 6
Provided that, where the applicant or any of the joint applicant does not carry
on business in India, the application shall be filed in the office of the Semiconducto r
Integrated Circuits Layout-Design Registry within whose territorial limits the place
mentioned in the address for service in India as disclosed in the application is situate.
(3) Subject to the provisions of this Act, the Registrar may refuse the
application or may accept it absolutely or subject to such amendments o r
modifications, as he may think fit.
Withdrawal of
acceptance.9. Where after the acceptance of an application for registration of layout-
design, but before its registration, the Registrar is satisfied that the layout-design is
prohibited of registration under section 7, the Registrar may, after hearing the applicant
if he so desires, withdraw the acceptance and proceed as if the application had notbeen accepted.
Advertisement of
application.10. (1) When an application for registration of a layout-design has been
accepted, the Registrar shall, within fourteen days after the date of acceptance, cause
the application as accepted to be advertised in the prescribed manner.
(2) Where after advertisement of an application —
(a) an error in the application has been corrected; or
(b) the application has been permitted to be amended under section 12,
the Registrar may in his discretion cause the application to be advertised again or, in
any case falling under clause (b), may, instead of causing the application to be
advertised again, notify in the prescribed manner the correction or amendment made in
the application.
11. (1) Any person may, within three months from the date of the
advertisement or re-advertisement of an application for registration or within such
further period, not exceeding one month in the aggregate, as the Registrar, onapplication made to him in the prescribed manner and on payment of the prescribed
fee, allows, give notice in writing in the prescribed manner to the Registrar o
f
opposition to the registration.
(2) The Registrar shall serve a copy of the notice on the applicant fo r
registration and, within two months from the receipt by the applicant of such copy of the
notice of opposition, the applicant shall send to the Registrar in the prescribed manne r
a counter-statement of the grounds on which he relies for his application and if he does
not do so, he shall be deemed to have abandoned his application.
(3) If the applicant sends such counter-statement, the Registrar shall serve a
copy thereof on the person giving notice of opposition.
(4) Any evidence upon which the opponent and the applicant may rely shall be
submitted in the prescribed manner and within the prescribed time to the Registrar, the
Registrar shall give an opportunity to them to be heard, if they so desire.
(5) The Registrar shall, after hearing the parties, if so required, and considering
the evidence, decide, after taking into account any ground of objection whether relied
upon by the opponent or not.Opposition to
registration.IP/N/1/IND/L/1
Page 7
6) When a person giving notice of opposition or an applicant sending a
counter-statement after receipt of a copy of such notice neither resides nor carries on
business in India, the Registrar may require him to give security for the costs o f
proceedings before him and, in default of such security being duly given, may treat theopposition or application, as the case may be, as abandoned.
12. The Registrar may on such terms as he thinks just —
(a) at any time, whether before or after acceptance of an application fo
r
registration under section 8, permit the correction of any error in or in
connection with the application or permit an amendment of the application; or
(b) permit correction of any error in, or an amendment of, a notice of opposition
or a counter-statement under section 11.Correction and
amendment.
13 .(1) Subject to the provisions of section 9, when an application for the
registration of the layout-design has been accepted and either —
(a) the application has not been opposed and time for notice of opposition has
expired; or
(b) the application has been opposed and the opposition has been decided in
favour of the applicant,
the Registrar shall register the said layout-design in the register and the layout-design
shall be registered as of the date of the making of the said application and that dateshall be deemed to be the date of registration.
(2) On the registration of a layout-design, the Registrar shall issue to the
applicant a certificate in the prescribed form of the registration thereof sealed with theseal of the Semiconductor Integrated Circuits Layout-Design Registry.
(3) Where registration of a layout-design is not completed within twelve months
from the date of the application by reason of default on the part of the applicant, the
Registrar may, after giving notice to the applicant in the prescribed manner, treat the
application as abandoned unless it is completed within the time specified in that behal
f
in the notice.
(4) The Registrar may amend the register or a certificate of registration for  the
purpose of correcting a clerical error or an obvious mistake.Registration.
Jointly owned
layout-design.14. (1) Save as provided in sub-section (2), nothing in this Act shall authorise
the registration of two or more persons who claim to be the creator of a layout-design.
(2) Where the relation between two or more persons claiming to be the creato r
of layout-design are such that —
(a) both of them or all of them have put the combined intellectual effort in
creating such design; or
(b) in relation to the creation of such layout-design both of them or all of them
are connected in such manner that intellectual effort of each of them are not
distinguishable in creation of such layout-design,
those persons may be registered as joint proprietor of the layout-design and this Act
shall have effect in relation to any right to the use of the layout-design vested in thosepersons as if in those rights vested in a single person.IP/N/1/IND/L/1
Page 8
Duration of
registration.15. The registration of a layout-design shall be only for a period of ten years
counted from the date of filing an application for registration or from the date of first
commercial exploitation anywhere in India or in any country whichever is earlier.
No action of
infringement of
unregistered
layout-design.CHAPTER IV
EFFECT  OF REGISTRATION
16. No person shall be entitled to institute any proceeding to prevent, or to
recover damages for, the infringement of an unregistered layout-design.
Rights conferred
by registration.
Infringement of
layout-design.17. Subject to the other provisions of this Act, the registration of a layout-
design shall, if valid, give to the registered proprietor of layout-design the exclusiveright to the use of the layout-design and to obtain relief in respect of infringement in themanner provided by this Act.
Explanation .— For removal of doubts, it is hereby declared that the rights
conferred by the registration of a layout-design shall be available to the registered
proprietor of that layout-design irrespective of the fact as to whether the layout-design
is incorporated in an article or not.
18.  (1) A registered layout-design is infringed by a person who, not being the
registered proprietor of the layout-design or a registered user thereof, —
(a) does any act of reproducing, whether by incorporating in a semiconducto
r
integrated circuit or otherwise, a registered layout-design in its entirety or any
part thereof, except such act of reproducing any part thereof which is not
original within the meaning of sub-section (2) of section 7;
(b) subject to the provisions of sub-section (5), does any act of importing o r
selling or otherwise distributing for commercial purposes a registered layout-
design or a semiconductor integrated circuit incorporating such registered
layout-design or an article incorporating such a semiconductor integrated
circuit containing such registered layout-design for the use of which suchperson is not entitled under this Act.
(2) Notwithstanding anything contained in section 17, sub-section (1) or sub-
section (5), the performance of the act of reproduction referred to in clause (a) of sub-
section (1), where such act is performed for the limited purposes of scientific
evaluation, analysis, research or teaching, shall not constitute act of infringement within
the meaning of that clause.
(3) Where a person, on the basis of scientific evaluation or analysis of a
registered layout-design, creates another layout-design which is original within the
meaning of sub-section (2) of section 7, that person shall have the right to incorporate
such another layout-design in a semiconductor integrated circuit or to perform any o
f
the acts referred to in sub-section (1) or sub-section (5) in respect of such anothe r
layout-design and such incorporation or performance of any act shall not be regarded
as infringement within the meaning of sub-section (1).
(4) Where a layout-design is created by the process of scientific evaluation o r
analysis of the registered layout-design as referred to in sub-section (3), the use o f
such layout-design by the proprietor of such registered layout-design shall be regarded
as infringement within the meaning of sub-section (1)after the date of registration o f
such layout-design under this Act.IP/N/1/IND/L/1
Page 9
(5) Notwithstanding anything contained in clause (b) of sub-section (1), the
performance of any of the acts referred to in that clause by a person shall not be
regarded as infringement within the meaning of that clause if such act is performed o r
directed to be performed in respect of a semiconductor integrated circuit incorporatinga registered layout-design or any article incorporating such a semiconductor integratedcircuit where such person does not possess any knowledge or has no reasonableground to know while performing or directing to be performed such act in respect o
f
such semiconductor integrated circuit or article that it incorporated a registered layout-design but after the time when such person has received notice of such knowledge, he
may continue to perform or directing to be performed such act in respect of the stock
on hand or ordered before such time and, then, he shall be liable to pay the proprieto
r
of the registered layout-design a sum by way of royalty to be determined by negotiationbetween registered proprietor of the registered layout-design and that person or by the
Appellate Board having regard to the benefit accrued to such person by performing o r
directing to be performed such act in respect of such semiconductor integrated circuit
or article, as the case may be.
(6) Where any other person purchases a semiconductor integrated circuit
incorporating a registered layout-design or any article incorporating such a
semiconductor integrated circuit referred to in sub-section (5) from a person referred to
in that sub-section, then, such other person shall be entitled to the immunity from
infringement in respect of that semiconductor integrated circuit or article, as the casemay be, to the extent and in the manner as if the word ‘‘person ’’ referred in that sub-
section includes the word any other person referred in this sub-section.
(7) Nothing contained in clause (b) of sub-section (1) shall be construed as
constituting an act of infringement where any person performs any of the acts specified
in that clause with the written consent of the registered proprietor of a registeredlayout-design or within the control of the person obtaining such consent, or in respect
of a registered layout-design or a semiconductor integrated circuit incorporating a
registered layout-design or any article incorporating such a semiconductor integratedcircuit, that has been put on the market by or with the consent of the registeredproprietor of such registered layout-design.
(8) Notwithstanding anything contained in this Act, where any person by
application of independent intellect has created a layout-design which is identical to aregistered layout-design, then, any act of such person in respect of the layout-designso created shall not be the infringement of the registered layout-design.
19. (1) In all legal proceedings relating to a layout-design registered under this
Act (including application under section 30), the original registration of the layout-
design and all subsequent assignments and transmissions of layout-design shall beprima facie  evidence of the validity thereof.
(2) In all legal proceedings as aforesaid, a registered layout-design shall not be
held to be invalid on the ground that it was not a registerable layout-design unde
r
section 7 except upon evidence of originality and that such evidence was not submitted
to the Registrar before registration.Registration to
be prima facie
evidence ofvalidity.
Power of
RegisteredProprietor to
assign and give
receipts.CHAPTER V
ASSIGNMENT  AND TRANSMISSION
20. The person for the time being included in the register as proprietor of a
layout-design shall, subject to the provisions of this Act and to any right appearing from
the register to be vested in any other person, have power to assign the layout-design,and to give effectual receipts for any consideration for such assignment.IP/N/1/IND/L/1
Page 10
Assignability and
transmissibility of
registered layout-design.21. Notwithstanding anything in any other law to the contrary, a registered
layout-design shall, subject to the provisions of this Chapter, be assignable and
transmissible whether with or without the goodwill of the business concerned.
Conditions for
assignment
otherwise than in
connection withthe goodwill of a
business.22. Where an assignment of a registered layout-design is made otherwise than
in connection with the goodwill of business in which such layout-design has been or is
used, the assignment shall not take effect unless the assignee, not later than theexpiration of six months from the date on which the assignment is made or within suchextended period, if any, not exceeding three months in the aggregate, as the Registra
r
may allow, apply to the Registrar for directions with respect to the advertisement of theassignment, and advertises it in such form and manner and within such period as theRegistrar may direct.
Registration of
assignments and
transmissions.
Registered
users.
Registration as
registered user.23. (1) Where a person becomes entitled by assignment or transmission to a
registered layout-design, he shall apply in the prescribed manner to the Registrar to
register his title, and the Registrar shall, on receipt of the application and on proof o f
his title to his satisfaction, register him as the proprietor of the layout-design and shall
cause particulars of the assignment or transmission to be entered on the register:
Provided that where the validity of an assignment or  transmission is in dispute
between the parties, the Registrar may refuse to register the assignment o r
transmission until the rights of the party have been determined by a competent court.
(2) Except for the purpose of an application before the Registrar under sub-
section (1) or an appeal from an order thereon, or an application under section 30 or an
appeal from an order thereon, a document or instrument in respect of which no entry
has been made in the register in accordance with sub-section (1), shall not be admitted
in evidence by the Registrar or the Appellate Board or any court in proof of title to thelayout-design by assignment or transmission unless the Registrar or the AppellateBoard or the court, as the case may be, otherwise directs.
CHAPTER VI
U
SE OF LAYOUT-DESIGN AND REGISTERED USERS
24. Subject to the provisions of section 25, a person other than the registered
proprietor of a layout-design may be registered as a registered user thereof.
25. (1) Where it is proposed that a person should be registered as a registered
user of a layout-design, the registered proprietor and the proposed registered use r
shall jointly apply in writing to the Registrar in the prescribed manner and every such
application shall be accompanied by —
(a) the agreement in writing or a duly authenticated copy thereof, entered into
between the registered proprietor and the proposed registered user with
respect to the permitted use of the layout-design; and
(b) an affidavit made by the registered proprietor or by some person authorised
to the satisfaction of Registrar to act on his behalf —IP/N/1/IND/L/1
Page 11
(i) giving particulars of the relationship, existing or proposed, between
the registered proprietor and the proposed registered user, including
particulars showing the degree of control by the proprietor over the
permitted use which the relationship will confer and whether it is a term
of their relationship that the proposed registered user shall be soleregistered user or that there shall be any other restriction as to personsfor whose registration as registered user application may be made;
(ii) stating the conditions or restrictions, if any, proposed with respect
to the place of permitted use or any other matter;
iii) stating whether the permitted use to be for a period or without limit
of period, and, if for a period, the duration thereof; and
(c) such further documents or other evidence as may be required by the
Registrar or as may be prescribed.
(2) Where the requirement of sub-section (1) have been complied with, the
Registrar shall register the proposed registered user.
(3) The Registrar shall issue notice in the prescribed manner of the registration
of a person as a registered user to other registered users of the layout-design, if any.
(4) The Registrar shall, if so requested by the applicant, take steps of securing
that information given for the purposes of an application under this section (other than
matters entered in the register) is not disclosed to rivals in trade.
26. (1) Without prejudice to the provisions of section 30, the registration of a
person as registered user —
(a) may be cancelled by the Registrar on application in writing in the prescribed
manner of the registered proprietor or of the registered user or of any othe
r
registered user of the layout-design;
(b) may be cancelled by the Registrar on the application in writing in the
prescribed manner of any person on any of the following grounds, namely: —
(i) that the registered user has used the layout-design otherwise than
in accordance with the agreement under clause (a) of sub-section (1)
of section 25;
(ii) that the proprietor or the registered user misrepresented, or failed
to disclose, some fact material to the application for registration which
if accurately represented or disclosed would not have justified theregistration of the registered user;
(iii) that the circumstances have changed since the date of registration
in such a way that at the date of such application for cancellation they
would not have justified registration of the registered user;
(iv) that the registration ought not to have been effected having regard
to right vested in the applicant by virtue of a contract in the
performance of which he is interested.
(c) may be cancelled by the Registrar on his own motion or on the application
in writing in the prescribed manner by any person on the ground that any
stipulation in the agreement between the registered proprietor and the
registered user regarding the topographical dimensions of the layout-design is
either not being enforced or is not being complied with;Power of
Registrar for
cancellation of
registration asregistered user.IP/N/1/IND/L/1
Page 12
Power of
Registrar to callfor information
relating to
agreement inrespect of
registered users.
Right of
registered user totake proceedings
against
infringement.(d) may be cancelled by the Registrar if the layout-design is no longe r
registered.
(2) The Registrar shall issue notice in the prescribed manner in respect o f
every application under this section to the registered proprietor and each registered
user (not being the applicant) of the layout-design.
(3) The procedure for cancelling a registration shall be such as may be
prescribed:
Provided that before cancelling of registration, the registered proprietor shall be
given a reasonable opportunity of being heard.
27. (1) The Registrar may, at any time during the continuance of the
registration of the registered user, by notice in writing, require the registered proprieto r
to confirm to him within one month that the agreement filed under clause (a) of sub-
section (1) of section 25 continues to be in force.
(2) If the registered proprietor fails to furnish the confirmation within one month
as required under sub-section (1), the registered user shall cease to be the registered
user on the day immediately after the expiry of said period and the Registrar shallnotify the same.
28. Subject to any agreement subsisting between the parties, a registered use
r
may make complaint before the competent criminal court for the infringement in his
own name as if he were the registered proprietor.
Registered user
not to have right
of assignment ortransmission.29.  Nothing in this Act shall confer on a registered user of a layout-design any
assignable or transmissible right to the use thereof.
Explanation I. — The right of a registered user of a layout-design shall not
deem to have been assigned or transmitted within the meaning of this section in the
following cases, namely: —
(a) where the registered user being an individual enters into a partnership with
any other person for carrying on the business concerned; but in any such case
the firm may use the layout-design, if otherwise in force, only for so long as theregistered user is a member of the firm;
(b) where the registered user being a firm subsequently undergoes a change in
its constitution; but in any such case the reconstituted firm may use the layout-design, if otherwise in force, only for so long as any partner of the original firmat the time of its registration as registered user, continues to be a partner of thereconstituted firm.
Explanation II. — For the purposes of Explanation I , ‘‘firm’’ has the same
meaning as in the Indian Partnership Act, 1932.
9 of 1932.IP/N/1/IND/L/1
Page 13
Power to rectify
the register.CHAPTER VII
RECTIFICATION  AND CORRECTION OF THE REGISTER
30. (1)Any person aggrieved by the absence or omission from the register o f
any entry, or by any entry made in the register without sufficient cause, or by any entry
wrongly remaining on the register, or by any error or defect in any entry in the register,may apply in the prescribed manner to the Appellate Board or to the Registrar, and the
Appellate Board or the Registrar, as the case may be, may make such order fo r
making, expunging or varying the entry as it may think fit.
(2) The Appellate Board or the Registrar may in any proceedings under this
section decide any question that may be necessary or expedient to decide in
connection with the rectification of the register.
(3) The Appellate Board or the Registrar, of its own motion, may, after giving
notice in the prescribed manner to the parties concerned and after giving them an
opportunity of being heard, make any order referred to in sub-section (1).
(4) Any order of the Appellate Board rectifying the register shall direct that
notice of the rectification shall be served upon the Registrar in the prescribed manne r
who shall upon receipt of such notice, rectify the register accordingly.
31. (1) The Registrar may, on application made in the prescribed manner by
the registered proprietor, —
(a) correct any error in the name, address or description of the registered
proprietor of a layout-design, or any other entry relating to the layout-design;
(b) enter any change in the name, address or description of the person who is
registered as proprietor of a layout-design;
(c) cancel the entry of a layout-design on the register,
and may make any consequential amendment or alteration in the certificate o f
registration, and for that purpose, may require the certificate of registration to be
produced to him.
(2) The Registrar may, on application made in the prescribed manner by a
registered user of a layout-design, and after notice to the registered proprietor, correct
any error, or enter any change in the name, address or description of the registered
user.Correction of
register.
CHAPTER VIII
APPELLATE  B OARD
32. The Central Government shall, by notification in the Official Gazette,
establish an Appellate Board to be known as the Layout-Design Appellate Board to
exercise the jurisdiction, powers and authority conferred on it by or under this Act.
33 . (1) The Appellate Board shall consist of a Chairperson, Vice-Chairperson,
and such other Members as the Central Government may deem fit and, subject to the
other provisions of this Act, the jurisdiction, powers and authority of the Appellate
Board may be exercised by a Bench thereof.Establishment of
Layout-DesignAppellate Board.
Composition of
Appellate BoardIP/N/1/IND/L/1
Page 14
(2) Subject to the other provisions of this Act, a Bench shall consist of one
Judicial Member and one Technical Member and shall sit at such place as the Central
Government may, by notification in the Official Gazette, specify.
(3) Notwithstanding anything contained in sub-section (2), the Chairperson —
(a) may, in addition to discharging the functions of the Judicial Member o r
Technical Member of the Bench to which he is appointed, discharge the
function of the Judicial Member or, as the case may be, the Technical Member,
of any other Bench;.
Qualifications for
appointment asChairperson,
Vice-
Chairperson, orother Members. (b)  may transfer a Member from one Bench to another Bench;
(c) may authorise Vice-Chairperson, the Judicial Member or the Technical
Member appointed to one Bench to discharge also the functions of the Judicial
Member or the Technical Member, as the case may be, of another Bench.
(4) Where any Benches are constituted, the Central Government may, from
time to time, by notification, make provisions as to the distribution of the business o f
the Appellate Board amongst the Benches and specify the matters which may be dealt
by each Bench.
Explanation.  — For the removal of doubts, it is hereby declared that the
expression ‘‘matter ’’ includes an application or appeal under section 40 or section 42.
(5) If the Members of a Bench differ in opinion on any point, they shall state the
point or points on which they differ, and make a reference to the Chairperson who shall
either hear the point or points himself or refer the case for hearing on such point o r
points by one or more of the other Members and such point or points shall be decidedaccording to the opinion of the majority of the Members who have heard the caseincluding those who first heard it.
34. (1) A person shall not be qualified for appointment as Chairperson unless
he—
(a) is, or has been, a Judge of a High Court; or
(b) has, for at least two years, held the office of a Vice-Chairperson.
(2) A person shall not be qualified for appointment as a Vice-Chairperson,
unless he —
(a) has, for at least two years, held the office of a Judicial Member or a
Technical Member; or
(b) has been a member of the Indian Legal Service and has held a post in
Grade I of that Service or any higher post for at least five years.
(3) A person shall not be qualified for appointment as a Judicial Member unless
he—
(a) has been a member of the Indian Legal Service and has held the post in
Grade I of that Service for at least three years; or
(b) has, for at least ten years, held a civil judicial office.IP/N/1/IND/L/1
Page 15
Term of office of
Chairperson,
Vice-Chairpersonand Members.(4) A person shall not be qualified for appointment as a Technical Member,
unless he possesses a Master's Degree in Physics or Bachelor's Degree in Electronics
Engineering or Electrical Engineering or Computer Engineering from an University o r
Institution established under law for the time being in force and has held a postequivalent to the post of Joint Secretary to the Government of India or any higher postfor at least five years and possesses at least five years' experience in the area o
f
semiconductors.
(5) Subject to the provisions of sub-section (6), the Chairperson, Vice-
Chairperson and every other Member shall be appointed by the President of India.
(6) No appointment of a person as the Chairperson shall be made except afte r
consultation with the Chief Justice of India.
35. The Chairperson, Vice-Chairperson or other Member shall hold office as
such for a term of five years from the date on which he enters upon his office or until he
attains, —
(a) in the case of Chairperson and Vice-Chairperson, the age of sixty-five
years; and
(b) in the case of Member, the age of sixty-two years,
whichever is earlier.
Vice Chair-
person or senior-most Member to
act as
Chairperson ordischarge his
function in
certaincircumstances.36. (1) In the event of occurrence of any vacancy in the office of the
Chairperson by reason of his death, resignation or otherwise, the Vice-Chairpersonand in his absence the senior-most Member shall act as Chairperson until the date onwhich a new Chairperson, appointed in accordance with the provisions of this Act to fillsuch vacancy, enters upon his office.
(2) When the Chairperson is unable to discharge his functions owing to his
absence, illness or any other cause, the Vice-Chairperson and in his absence thesenior-most Member shall discharge the functions of the Chairperson until the date onwhich the Chairperson resumes his duty.
Salaries,
allowances and
other terms andconditions of
service of
Chairperson,Vice-Chairperson
and other
Members.37. (1) The salaries and allowances payable to, and other terms and conditions
of service (including pension, gratuity and other retirement benefits) of, the
Chairperson, Vice-Chairperson and other Members shall be such as may be
prescribed.
(2) Notwithstanding anything contained in sub-section (1), a person who,
immediately before the date of assuming office as the Chairperson, Vice-Chairperson
or other Member, was in service of Government shall be deemed  to have  retired  from
service  on the  date  on which he enters upon as the Chairperson, Vice-Chairperson
or  other  Member,  as  the case may be.
38. (1) The Chairperson, Vice-Chairperson and any other Member may, by
notice in writing under his hand addressed to the President of India, resign his office:
Provided that the Chairperson, Vice-Chairperson or any other Member shall,
unless he is permitted by the President of India to relinquish his office sooner, continueto hold office until the expiry of three months from the date of receipt of such notice o
r
until a person duly appointed as his successor enters upon his office or until the expiryof his term of office, whichever is earlier.Resignation and
removal.IP/N/1/IND/L/1
Page 16
(2) The Chairperson, Vice-Chairperson or any other Member shall not be
removed from his office except by an order by the President of India on the ground o f
proved misbehaviour or incapacity after an enquiry made by a Judge of the Supreme
Court in which the Chairperson, Vice-Chairperson or other Member has been informed
of the charges against him and given a reasonable opportunity of being heard inrespect of those charges.
(3) The Central Government may, by rules, regulate the procedure for the
investigation of misbehaviour or incapacity of the Chairperson, Vice-Chairperson o
r
other Member referred to in sub-section (2).
39. (1)The Central Government shall determine the nature and categories o f
the officers and other employees required to assist the Appellate Board in the
discharge of its functions and provide the Appellate Board with such officers and othe r
employees as it may think fit.
(2) The salaries and other allowances and conditions of service of the officers
and other employees of the Appellate Board shall be such as may be prescribed.
(3) The officers and other employees of the Appellate Board shall discharge
their functions under the general superintendence of the Chairperson in the manner asmay be prescribed.
40. (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) o
f
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 o r
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 theopposite party, dispose of the application.
(4) An order or decision made by the Appellate Board in disposing of the
application under sub-section (3) shall be executable by a civil court having local
jurisdiction as if it were a decree made by that court.
41. (1) Any person may make an application, in the prescribed form
accompanied by prescribed fee, to the Appellate Board for cancellation of the
registration of a layout-design registered under this Act or registration of assignment o
r
transmission relating thereto, as the case may be, on the ground that —
(a) in the case of the registration of a layout-design, the layout-design is
prohibited for being registered under section 7 ; or
(b) in the case of the registration of assignment or transmission relating to a
registered layout-design, such assignment or transmission is contrary to any provision
of the law for the time being in force.
(2) The Appellate Board shall, on receipt of an application under sub-
section (1), give notice to the opposite parties in the prescribed manner and after giving
them an opportunity of being heard, make such order as it may deem fit regarding
cancellation of registration:Staff of Appellate
Board.
Application to the
Appellate Board
to determineroyalty.
Power of the
Board to cancel
registration.IP/N/1/IND/L/1
Page 17
Provided that where the ground of cancellation has been established with
respect only to a part of a layout-design, the Board shall cancel only such part and the
remaining part of the layout-design if capable of performing as a semiconducto r
integrated circuit shall be retained as registered on the register in the name of theregistered proprietor of such layout-design.
Appeal to
Appellate Board(3) Any cancellation of the registration of a layout-design either in whole or in
part under sub-section (2) shall be deemed to be effective on the date from which the
period of ten years referred to in section 15 is countable in respect of that layout-
design.
(4) The Appellate Board shall, without delay after making any order o f
cancellation under sub-section (2), send a copy of such order to the Registrar who
shall correct the register to give effect to such order.
42. (1)Any person aggrieved by an order or decision of the Registrar unde r
this Act, or the rules made thereunder may prefer an appeal to the Appellate Board
within three months from the date on which the order or decision sought to be
appealed against is communicated to such person preferring the appeal.
(2) No appeal shall be admitted if it is preferred after the expiry of the period
specified under sub-section (1):
.
Procedure and
powers of
Appellate Board.Provided that an appeal may be admitted after the expiry of the period
specified therefor,  if the appellant satisfies the Appellate Board that he had sufficient
cause for not preferring the appeal within the specified period.
(3) An appeal to the Appellate Board shall be in the prescribed form and shall
be verified in the prescribed manner and shall be accompanied by a copy of the orde r
or decision appealed against and by such fees as may be prescribed.
43. (1) The Appellate Board shall not be bound by the procedure laid down in
the Code of Civil Procedure, 1908 but shall be guided by principles of natural justice
and, subject to the provisions of this Act and the rules made thereunder, the AppellateBoard shall have powers to regulate its own procedure including the fixing of places
and times of its hearing.
(2) The Appellate Board shall have, for the purpose of discharging its functions
under this Act, the same powers as are vested in a civil court under the Code of Civil
Procedure, 1908 while trying a suit in respect of the following matters, namely: —
(a) receiving evidence;5 of 1908.
5 of 1908.
(b) issuing commissions for examination of witnesses;
(c) requisitioning any public record; and
(d) any other matter which may be prescribed.
(3) Any proceeding before the Appellate Board shall be deemed to be a judicial
proceeding within the meaning of sections 193 and 228, and for the purpose of section
196 of the Indian Penal Code, and the Appellate Board shall be deemed to be a civilcourt for all the purposes of section 195 and Chapter XXVI of the Code of CriminalProcedure, 1973.
45 of 1860.
2 of 1974.IP/N/1/IND/L/1
Page 18
Bar of jurisdiction
of courts, etc.44. No court or other authority shall have or, be entitled to, exercise any
jurisdiction, powers or authority in relation to the matters referred to in sub-section (1)
of section 40 or sub-section (1) of section 42.
Bar to appear
before Appellate
Board.
Conditions as to
making of interim
order.45. On ceasing to hold office, the Chairperson, Vice-Chairperson or othe r
Members shall not appear before the Appellate Board or the Registrar.
46. Notwithstanding anything contained in any other provisions of this Act or in
any other law for the time being in force, no interim order (whether by way of injunction
or stay or any other manner) shall be made on, or in any proceedings relating to, an
appeal unless —
(a) copies of such appeal and of all documents in support of the plea for such
interim order are furnished to the party against whom such appeal is made o r
proposed to be made; and
(b) opportunity is given to such party to be heard in the matter.
47. On the application of any of the parties and after notice to the parties, and
after hearing such of them as he may desire to be heard, or on his own motion without
such notice, the Chairperson may transfer any case pending before one Bench, fo r
disposal, to any other Bench.Power of
Chairperson to
transfer cases
from one Benchto another.
48. (1)  An application for rectification of the register made to the Appellate
Board under section 30 shall be in such form as may be prescribed.
(2) A certified copy of every order or judgement of the Appellate Board relating
to a registered layout-design under this Act shall be communicated to the Registrar by
the Board and the Registrar shall give effect to the order of the Board and shall, whenso directed, amend the entries in, or rectify, the register in accordance with such order.Procedure for
application forrectification, etc.,
before Appellate
Board.
49. (1) The Registrar shall have the right to appear and be heard —
(a) in any legal proceedings before the Appellate Board in which the relie f
sought includes alteration or rectification of the register or in which any
question relating to the practice of the Semiconductor Integrated Circuits
Layout-Design Registry is raised;
(b) in any appeal to the Board from an order of the Registrar on an application
for registration of a layout-design —
(i) which is not opposed, and the application is either refused by the
Registrar or is accepted by him subject to any amendments o r
modifications, or
(ii) which has been opposed and the Registrar considers that his
appearance is necessary in the public interest,
and the Registrar shall appear in any case if so directed by the Board.
(2) Unless the Appellate Board otherwise directs, the Registrar may, in lieu o f
appearing, submit a statement in writing signed by him, giving such particulars as he
thinks proper of the proceedings before him relating to the matter in issue or of thegrounds of any decision given by him affecting it, or of the practice of theSemiconductor Integrated Circuits Layout-Design Registry in like cases, or of othe
r
matters relevant to the issues and within his knowledge as Registrar, and suchstatement shall be evidence in the proceeding.Appearance of
Registrar in legal
proceedings.IP/N/1/IND/L/1
Page 19
50. If any question arises in any proceedings before Registrar, whether a
layout-design has been commercially exploited for more than two years anywhere in a
convention country for the purpose of registration of such layout-design under this Act,
the Registrar shall refer such question to the Appellate Board, and the decision of the
Board thereon shall be final.Registrar to refer
certain disputes
to the Board.
51. (1) Notwithstanding anything contained in this Act, the Appellate Board
may on an application made in the prescribed manner before it on behalf of the
Government or by any person authorised by the Government and after giving notice o f
such application to the registered proprietor of a layout-design and providing theopportunity of being heard to the parties concerned permit the use of such registeredlayout-design by the Government or by such person so authorised, as the case maybe, subject to any or all of the following conditions as the Board deems fit under the
circumstances of such use, namely: —
(a) that the use of the layout-design shall be for non-commercial public
purposes or for the purposes relating to national emergency or of extremepublic urgency;
(b) that the duration of the use of the layout-design shall be limited for a period
specified by the Board;Power of the
Board to permit
certain uses.
(c) that the use of the layout-design shall be non-assignable and non-
transmissible;
(d) that the use of the layout-design shall be to the extent which the Board
deems necessary to remedy the anti-competitive practice ;
(e) that the use of the layout-design shall be predominantly for the supply o f
semiconductor integrated circuits or articles incorporating semiconducto r
integrated circuits in domestic market of India:
Provided that Board shall not permit the use of a registered layout-design, by
any such person authorised by the Government, under this sub-section unless theBoard is satisfied that such person so authorised has made efforts to enter intoagreement with the registered proprietor of such layout-design on reasonable
commercial terms and conditions for permitted use of such layout-design and such
efforts had not been successful within prescribed period:
Provided further that the first proviso shall not be applicable in a case where
the person so authorised produces to the Board a certificate issued by the Government
to the effect that such use is required due to national emergency or any othe
r
circumstances which the Government considers to be of extreme urgency or of public
non-commercial use.
(2) The Appellate Board shall, while granting the permission for the use of a
registered layout-design under sub-section (1), determine the amount of royalty to be
paid by the Government or the person authorised by the Government, as the case may
be, to the registered proprietor of such layout-design for such permitted use.
(3) The Appellate Board may, on the application of the registered proprietor o f
a layout-design referred to in sub-section (1), may review the permission granted unde r
that sub-section and, after giving notice and opportunity of hearing to the parties
concerned in the prescribed manner, cancel or amend such permission if the Board issatisfied that any of the conditions subject to which the permission was granted has notbeen observed or the circumstances which led to the granting of such permission hasceased to exist or substantially altered.IP/N/1/IND/L/1
Page 20
Costs of
Registrar in
proceedingsbefore Appellate
Board.52. In all proceedings under this Act before the Appellate Board the costs o f
the Registrar shall be in the discretion of the Board, but the Registrar shall not be
ordered to pay the costs of any of the parties.
Appeal. 53. (1) Any person aggrieved by any decision or order of the Appellate Board
under this Act may, within the prescribed period appeal to the High Court within whose
the jurisdiction of head office or the branch office of the Semiconductor IntegratedCircuits Layout-Design Registry against the decision or order of which the appeal
arises is situated.
(2) Every such appeal shall be preferred by petition in writing and shall be in
such form and shall contain such particulars as may be prescribed.
(3) Subject to the provisions of this Act and the rules made thereunder, the
provisions of the Code of Civil Procedure, 1908 shall apply to appeals before a High
Court under this Act.5 of 1908.
Powers of High
Court to makerules.54. The High Court may make rules consistent with this Act as to the conduct
and procedure of all proceeding under this Act before it.
Transitional
provisions.55. Notwithstanding anything contained in this Act, till the establishment of the
Appellate Board under section 32, the Intellectual Property Appellate Board established
under section 83 of the Trade Marks Act, 1999 shall exercise the jurisdiction, powersand authority conferred on the Appellate Board under this Act subject to themodification that in any Bench of such Intellectual Property Appellate Board constitutedfor the purposes of this section, for the Technical Member referred to in sub-section
(2) of section 84 of the Trade Marks Act, 1999, the Technical Member shall be
appointed under this Act and he shall be deemed to be the Technical Member fo
r
constituting the Bench under the said sub-section (2)of section 84 for the purposes o f
this Act.47 of 1999
CHAPTER IX
OFFENCES , PENALTIES AND PROCEDURE
56. Any person who contravenes knowingly and wilfully any of the provisions o f
section 18 shall be punishable with imprisonment for a term which may extend to three
years, or with fine which shall not be less than fifty-thousand rupees but which mayextend to ten lakhs rupees, or with both.
57. (1) No person shall make any representation with respect to a layout-
design not being a registered layout-design, to the effect that it is a registered layout-
design.
(2) If any person contravenes the provisions of sub-section (1), he shall be
punishable with imprisonment for a term which may extend to six months, or with fine
which may extend to fifty thousand rupees, or with both.
(3) For the purposes of this section, the use in India in relation to a layout-
design of the word  ‘‘registered ’’, or of any other expression referring whethe
r
expressly or impliedly to registration, shall be deemed to import a reference to
registration in the register, except —Penalty for
infringement of
layout-design.
Penalty for
falsely
representing alayout-design as
registered.IP/N/1/IND/L/1
Page 21
(a) where that word or other expression, is used in direct association with othe r
words delineated in characters at least as large as those in which that word o r
other expression is delineated and indicating that the reference is to
registration as a layout-design under the law of a country outside India being a
country under the law of which the registration referred to is in fact in force; or
(b) where that other expression is of itself such as to indicate that the reference
is to such registration as is mentioned in clause (a); or
(c) where that word is used in relation to a layout-design registered as a layout-
design under the law of a country outside India and in relation solely to such
layout-design.
58. If any person uses on his place of business, or on any document issued by
him, or otherwise, words which would reasonably lead to the belief that his place o f
business is, or is officially connected with, the Semiconductor Integrated Circuits
Layout-Design Registry, he shall be punishable with imprisonment for a term whichmay extend to six months, or with fine, or with both.Penalty for
improperlydescribing a
place of business
as connectedwith the
Semiconductor
IntegratedCircuits Layout-
Design Registry.
59. If any person makes, or causes to be made, a false entry in the register, o r
a writing falsely purporting to be a copy of an entry in the register, or produces o r
tenders, or causes to be produced or tendered, in evidence any such writing, knowing
the entry or writing to be false, he shall be punishable with imprisonment for a termwhich may extend to two years, or with fine, or with both.Penalty for
falsification of
entries in the
register.
Exemption of
certain persons
employed inordinary course
of business.60.  (1) Where a person is convicted of an offence under section 56, the court
convicting him may direct the forfeiture to Government of all goods and things bymeans of, or in relation to, which the offence has been committed.
(2) When a forfeiture is directed on a conviction and an appeal lies against the
conviction, an appeal shall lie against the forfeiture also.
(3) When a forfeiture is directed on a conviction, the court, before whom the
person is convicted, may order any forfeited articles to be destroyed or otherwise
disposed of as the court thinks fit.
61. Where a person accused of an offence under section 56 proves —
(a) that in the case which is the subject of the charge he was so employed that
it relates to the duty of his employment, and was not interested in the profit
accruing from such commission of offence except the duty of his employment;and
(b) that, having taken all reasonable precautions against committing the
offence charged, he had, at the time of commission of the alleged offence, noreason to suspect the genuineness of the registered layout-design or asemiconductor integrated circuit in which such layout-design is incorporated;and
(c) that, on demand made by or on behalf of the prosecutor, he gave all the
information in his power with respect to the commission of such offence,
he shall be acquitted.Forfeiture of
goods.IP/N/1/IND/L/1
Page 22
Procedure where
invalidity of
registration ispleaded by the
accused.62. (1) Where the offence charged under section 56 is in relation to a
registered layout-design and the accused pleads that the registration of the layout-
design is invalid, the following procedure shall be followed:-
(a) if the court is satisfied that such defence is  prima facie  tenable, it shall not
proceed with the charge but shall adjourn the proceeding for three months from
the date on which the plea of accused is recorded to enable the accused to filean application before the Appellate Board under this Act, for the rectification o
f
the register on the ground that the registration is invalid;
(b) if the accused proves to the court that he has made such application within
the time so limited or within such further time as the time court may fo r
sufficient cause may allow, the further proceedings in the prosecution shall
stand stayed till the disposal of such application for rectification;
 (c)  if within a period of three months or within such extended time as may be
allowed by the court the accused fails to apply to the Appellate Board fo r
rectification of the register, the court shall proceed with the case as if the
registration were valid.
(2) Where before the institution of a complaint of an offence referred to in sub-
section (1), any application for the rectification of the register concerning the layout-
design in question on the ground of invalidity of the registration thereof has already
been properly made to and is pending before the Appellate Board or the Registrar, theCourt shall stay the further proceedings in the prosecution pending the disposal of theapplication aforesaid and shall determine the charge against the accused in conformitywith the result of the application for rectification in so far as the complainant relies upon
the registration of his layout-design.
Offences by
companies.63. (1) If the person committing an offence under this Act is a company, the
company as well as every person in charge of, and responsible to, the company for the
conduct of its business at the time of the commission of the offence shall be deemed tobe guilty of the offence and shall be liable to be proceeded against and punished
accordingly:
Provided that nothing contained in this sub-section shall render any such
person liable to any punishment if he proves that the offence was committed withouthis knowledge or that he exercised all due diligence to prevent the commission of such
offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence
under this Act has been committed by a company and it is proved that the offence has
been committed with the consent or connivance of, or that the commission of the
offence is attributable to any neglect on the part of, any director, manager, secretary o
r
other officer of the company, such director, manager, secretary or other officer shall
also be deemed to be guilty of that offence and shall be liable to be proceeded againstand punished accordingly.
Explanation. —For the purposes of this section —
(a) ‘‘company ’’ means any body corporate and includes a firm or othe
r
association or individuals; and
(b) ‘‘director ’’, in relation to a firm, means a partner in the firm.IP/N/1/IND/L/1
Page 23
64. No court shall take cognizance —
(a) of an offence under section 56 or section 57 except on the complaint in
writing made by the registered proprietor or the registered user of a layout-
design in respect of which the offence has been committed;
(b) of an offence under section 58 or section 59 except on complaint in writing
made by the Registrar or any officer authorised by him in writing.Cognizance of
certain offences.
65. In any prosecution under this Act, the court may order such costs to be
paid by the accused to the complainant, or by the complainant to the accused, as the
court deemed reasonable having regard to all the circumstances of the case and the
conduct of the parties. Costs so awarded shall be recoverable as if they were a fine.Costs of defence
or prosecution.
66. An officer of the Government whose duty it is to take part in the
enforcement of the provisions of this Chapter, shall not be compelled in any court to
say whence he got any information as to the commission of any offence against this
Act.Information as to
commission of
offence.
67. If any person, being within India, abets the commission, without India, o f
any act which, if committed in India, would, under this Act, be an offence, he may be
tried for such abetment in any place in India in which he may be found, and bepunished therefor with the punishment to which he would be liable if he had himsel
f
committed in that place the act which he abetted.Punishment of
abetment in India
of acts done out
of India.
CHAPTER X
MISCELLANEOUS
68. Notwithstanding anything contained in this Act, the Registrar shall —
(a) not disclose any information relating to the registration of a layout-design o r
any application relating to the registration of a layout-design under this Act
which the Central Government considers prejudicial to the interest of the
security of India; and
(b) take any action, including the cancellation of registration of a layout-design
registered under this Act, which the Central Government may, by notification in
the Official Gazette, specify in the interest of security of India.
Explanation. — For the purposes of this section, the expression ‘‘interest of the
security of India ’’ means any action necessary for the security of India which relates to
the use of a layout-design or a semiconductor integrated circuit incorporating a layout-
design or an article incorporating such semiconductor integrated circuit and which —
(a) relates to fissionable materials or the materials from which they are derived;
or
(b) relates to the traffic in arms, ammunition and implements of war and to
such traffic in other goods and materials as is carried on directly or indirectly
for the purpose of supplying a military establishment; or
(c) is taken in time of war or other emergency in international relations.Protection of
security of India.
69. No suit or other legal proceedings shall lie against any person in respect o f
anything which is in good faith done or intended to be done in pursuance of this Act.Protection of
action taken ingood faith.IP/N/1/IND/L/1
Page 24
Certain persons
to be public
servants.70. Every person appointed, under this Act and every Member of the Appella te
Board shall be deemed to be a public servant within the meaning of section 21 of the
Indian Penal Code.45 of 1860.
Implied warranty
on sale of layout-design, etc.
Powers of
Registrar.71.  Where a registered layout-design, or a semiconductor integrated circuit in
which a registered layout-design is incorporated, or an article incorporating such a
semiconductor integrated circuit is sold or has been contracted for sale, the seller shallbe deemed to warrant that the registration, of such layout-design or the layout-designso incorporated is genuine within the meaning of this Act unless the contrary isexpressed in writing signed by or on behalf of the seller and delivered at the time of the
sale or contract to sell of such layout-design, or semiconductor integrated circuit o
r
article, as the case may be, and accepted by the buyer.
72. In all proceedings under this Act before the Registrar, —
(a) the Registrar shall have all the powers, of a civil court for the purposes o f
receiving evidence, administering oaths, enforcing the attendance o f
witnesses, compelling the discovery and production of documents and issuing
commissions for the examination of witnesses;
(b) the Registrar may, subject to any rules in this behalf, made under section
96 make such orders as to costs as he considers reasonable, and any such
order shall be executable as decree to a civil court;
(c) the Registrar may, on an application made in the prescribed manner, revie w
his own decision.
Exercise of
discretionary
power byRegistrar.73. Subject to the provisions of section 76, the Registrar shall not exercise any
discretionary or other power vested in him by this Act or the rules made thereunde r
adversely to a person applying for the exercise of the power without (if so required by
that person within the prescribed time) giving to the person an opportunity of being
heard.
Evidence before
Registrar.74. In any proceeding under this Act before the Registrar, evidence shall be
given by affidavit:
Provided that the Registrar may, if he thinks fit, take oral evidence in lieu of, o r
in addition to, such evidence by affidavit.
Death of party to
a proceeding.75. If a person who is a party to a proceeding under this Act (not being a
proceeding before the Appellate Board or a court) dies pending the proceeding, the
Registrar may, on request, and on proof to his satisfaction of the transmission of the
interest of the deceased person, substitute in the proceeding his successor in interest
in his place, or, if the Registrar is of opinion that the interest of the deceased person issufficiently represented by the surviving parties, permit the proceeding to continuewithout the substitution of his successor in interest.
Extention of time. 76 .(1) If the Registrar is satisfied, on application made to him in the prescribed
manner and accompanied by the prescribed fee, that there is sufficient cause fo r
extending the time for doing any act (not being a time expressly provided in the Act),whether the time so specified has expired or not, he may, subject to such conditions ashe may think fit to impose, extend the time and inform the parties accordingly.
(2) Nothing in sub-section (1)shall be deemed to require the Registrar to hea
r
the parties, before disposing of an application for extension of time and no appeal shall
lie from any order of the Registrar under this section.IP/N/1/IND/L/1
Page 25
Abandonment. 77. Where, in the opinion of the Registrar, an applicant is in default in the
prosecution of an application filed under this Act, the Registrar may, by notice require
the applicant to remedy the default within a time specified and after giving him, if so
desired, an opportunity of being heard, treat the application as abandoned, unless the
default is remedied within the time specified in the notice.
78.(1)The Registrar may, on application made to him in the prescribed manne r
by any person who proposes to apply for the registration of a layout-design, give
advice as to whether the layout-design appears to him prima facie  to be original.Preliminary
advice by the
Registrar.
 (2)  If, on an application for the registration of a layout-design as to which the
Registrar has given advice as aforesaid in the affirmative made within three months
after the advice was given, the Registrar, after further investigation or consideration,gives notice, to the applicant of objection on the ground that the layout-design is notoriginal, the applicant shall be entitled, on giving notice of withdrawal of the application
within the prescribed period, to have repaid to him any fee paid on the filing of the
application.
79.(1) In every proceeding under Chapter VII or under section 42, every
registered user of a layout-design, who is not himself an applicant in respect of any
proceeding under that Chapter or section shall be made a party to the proceeding.
(2) Notwithstanding anything contained in any other law, a registered user so
made a party to the proceeding shall not be liable for any costs unless he enters anappearance and takes part in the proceeding.Registered user
to be impleaded
in certain
proceedings.
80. (1) A copy of any entry in the register or of any document referred to in
sub-section (1) of section 87 purporting to be certified by the Registrar and sealed with
the seal of the Semiconductor Integrated Circuits Layout-Design Registry shall beadmitted in evidence in all courts and in all proceedings without further proof o
r
production of the original.
(2) A certificate purporting to be under the hand of the Registrar as to any
entry, matter or thing that he is authorised by this Act or the rules to make or do shall
be prima facie evidence of the entry having been made, and of the contents thereof, o r
of the matter or things having been done or not done.Evidence of
entries in
register, etc., andthings done by
the Registrar.
81. The Registrar or any other officer of the Semiconductor Integrated Circuits
Layout-Design Registry shall not, in any legal proceedings to which he is not a party,
be compellable to produce the register or any other document in his custody, the
contents of which can be proved by the production of a certified copy issued under this
Act or to appear as a witness to prove the matters therein recorded unless by order o f
the court made for special cause.Registrar and
other officers not
compellable toproduce register,
etc.
82. If in any legal proceeding for rectification of the register before the
Appellate Board a decision is on contest given in favour of the registered proprietor o f
the layout-design on the issue as to the validity of the registration of the layout-design,
the Appellate Board may grant a certificate to that effect, and if such a certificate isgranted, then, in any subsequent legal proceedings in which the said validity comesinto question, the said proprietor on obtaining a final order or judgement in his favou
r
affirming validity of the registration of the layout-design shall, unless the said final orde r
or judgment for sufficient reason directs otherwise, be entitled to his full cost, charges
and expenses as between legal practitioner and client.Certificate of
validity.IP/N/1/IND/L/1
Page 26
83. An address for service stated in an application or notice of opposition shall,
for the purposes of the application or notice of opposition, be deemed to be the
address of the applicant or opponent, as the case may be, and all documents in
relation to the application or notice of opposition may be served by leaving them at o r
sending them by post to the address for service of the applicant or opponent, as the
case may be.
84. Where, by or under this Act, any act, other then the making of an affidavit,
is required to be done before the Registrar by any person, the act may, subject to the
rules made in this behalf, be done, instead of by that person himself, by a person dulyauthorised in the prescribed manner, who is — Address for
service.
Agents.
 (a)  a legal practitioner, or
(b) a person registered in the prescribed manner as a layout-design agent, or
(c) a person in the sole and regular employment of the principal.
Layout-design
registered by an
agent or
representativewithout authority.85. If an agent or a representative of the proprietor of a registered layout-
design, without authority uses or attempts to register or registers the layout-design in
his own name, the proprietor shall be entitled to oppose the registration applied for o r
secure its cancellation or rectification of the register so as to bring him as theregistered proprietor of the said layout-design by assignment in his favour:
Provided that such action shall be taken within three years of the registered
proprietor of the layout-design becoming aware of the conduct of the agent o
r
representative.
Indexes. 86. There shall be kept under the direction and supervision of the Registrar —
(a) an index of registered layout-designs,
(b) an index of layout-designs in respect of which applications for registration
are pending,
(c) an index of the names of the proprietors of registered layout-designs, and
(d) an index of the names of registered users.
Documents open
to publicinspection.87. (1) Save as otherwise provided in sub-section (4) of section 25, —
(a) the register and any document upon which any entry in the register is
based;
(b) every notice of opposition to the registration of a layout-design application
for rectification before the Registrar, counter-statement thereto, and any
affidavit or document filed by the parties in any proceedings before the
Registrar; and
(c) the indexes mentioned in section 86 and such other documents as the
Central Government may, by notification in the Official Gazette, specify;
shall, subject to such conditions as may be prescribed, be open to public inspection at
the Semiconductor Integrated Circuits Layout-Design Registry.
(2) Any person may, on an application to the Registrar and on payment of such
fees as may be prescribed, obtain a certified copy of any entry in the register or any
document referred to in sub-section (1).IP/N/1/IND/L/1
Page 27
Reports of
Registrar to be
placed beforeParliament.
Fees and
surcharge88. The Central Government shall cause to be placed before both Houses o f
Parliament once a year a report respecting the execution by or under the Registrar o f
this Act.
89. (1)There shall be paid in respect of applications and registration and othe r
matters under this Act such fees and surcharge as may be prescribed by the Central
Government.
(2) Where a fee is payable in respect of the doing of an act by the Registrar,
the Registrar shall not do that act until the fee has been paid.
 (3)  Where a fee is payable in respect of the filing of a document at the
Semiconductor Integrated Circuits Layout-Design Registry, the document shall be
deemed not to have been filed at the Registry until the fee has been paid.
Savings in
respect of
Chapter IX.90. Nothing in Chapter IX shall be construed so as to render liable to any
prosecution or punishment any servant of a master resident in India who in good faith
acts in obedience to the instructions of such master, and, on demand made by or onbehalf of prosecutor, has given full information as to his master and as to the
instructions which he has received from his master.
Declaration as to
ownership oflayout-design not
registerable
under theRegistration Act,
1908.91. Notwithstanding anything contained in the Registration Act, 1908, no
document declaring or purporting to declare the ownership or title of a person to alayout-design other than a registered layout-design shall be registered under that Act.16 of 1908.
Government to
be bound.92. The provisions of this Act shall be binding on the Government.
93. With a view to the fulfilment of a treaty, convention or arrangement with any
country outside India which affords to citizens of India similar privileges as granted to
its own citizens, the Central Government may, by notification in the Official Gazette,
specify such country to be a convention country for providing the citizens of suchconvention country the similar privileges as granted to the citizens of India under thisAct.
Explanation. — For the purposes of this section ‘‘country ’ ’ includes any group
of countries or union of countries or inter-governmental organisation and the
expression ‘‘convention country ’’ shall be construed accordingly.Convention
countries.
94. Where any country specified by the Central Government in this behalf by
notification in the Official Gazette under section 93 does not accord to citizens of Indiathe same rights in respect of registration and protection of layout-design as it accordsto its own nationals, no national of such country shall be entitled, either solely or jointly
with any other person, —
(a) to apply for the registration of, or be registered as the proprietor of, a
layout-design;
(b) to be registered as the assignee of the proprietor of a registered layout-
design; or
(c) to apply for registration or be registered as a registered user of a layout-
design under section 25.Provision as to
reciprocity.IP/N/1/IND/L/1
Page 28
95. (1) If any difficulty arises in giving effect to the provisions of this Act, the
Central Government may, by order published in the Official Gazette, make such
provisions not inconsistent with the provisions of this Act as may appear to be
necessary for removing the difficulty:
Provided that no order shall be made under this section after the expiry of five
years from the commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is
made, be laid before each House of Parliament.
96. (1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power,
such rules may provide for all or any of the following matters, namely : —
(a) the other matters relating to the registered layout-designs to be entered in
the register under sub-section (1) of section 6;
(b) the manner of applying to the Registrar for registration under sub-section
(1) of section 8;
(c) the manner of advertising the application under sub-section (1) of
section 10;
(d) the manner of notifying the correction or amendment in application unde r
sub-section (2) of section 10;
(e) the manner of making application, the fee to be paid and the manner o f
giving notice under sub-section (1) of section 11;
(f) the manner of sending counter statement under sub-section (2) o f
section 11;
(g) the manner of submitting evidence under sub-section (4) of section 11;
(h) the form of issuing certificate under sub-section (2) of section 13;
(i) the manner of giving notice under sub-section  (3) of section 13;
(j) the manner of making applications to register the title under sub-section (1)
of section 23;
(k) the manner of applying to Registrar under sub-section (1) of section 25;
(l) the document to be prescribed under clause (c) of sub-section (1) of
section 25;
(m) the manner of issuing notice under sub-section (3) of section 25;
(n) the manner of applications under clause (a) of sub-section (1) of section 26;
(o) the manner of making applications under clause  (b) of sub-section (1) of
section 26;
(p) the manner of making applications under clause (c) of sub-section (1) of
section 26;
(q) the manner of issuing notice under sub-section (2) of section 26;
(r) the procedure of cancelling registration under sub-section (3) of section 26;Power of Central
Government to
removedifficulties.
Power to make
rules.IP/N/1/IND/L/1
Page 29
(s) the manner of applying to the Appellate Board under sub-section (1) of
section 30;
(t) the manner of giving notice under sub-section (3) of section 30;
(u) the manner of serving notice under sub-section (4) of section 30;
(v) the manner of making application under sub-section (1) of section 31;
(w) the manner of making application under sub-section (2) of section 31;
(x) the salaries and allowances payable to and other terms and conditions o f
service of the Chairperson, Vice-Chairperson and other Members under sub-
section (1) of section 37;
 (y)  the procedure for investigation of misbehaviour or incapacity of the
Chairperson, Vice-Chairperson and other Members under sub-section (3) of
section 38;
(z) the salaries and allowances and other conditions of service of the officers
and other employees of the Appellate Board under sub-section (2) of section
39;
(za) the manner of general superintendence by the Chairperson under sub-
section (3) of section 39;
(zb) the form of application, the affidavit, documents and other evidence and
fee payable in respect of, filing of such application and other fees for the
services or execution of process to be accompanied therewith under sub-
section (2) of section 40;
(zc) the time limit for filing the opposition under sub-section (3) of section 40;
(zd) the form of making application and the fee to be accompanied therewith
under sub-section (1) of section 41;
(ze) the manner of giving notice under sub-section (2) of section 41;
(zf) the form of appeal, the manner of verification of such appeal and the fee to
be accompanied therewith under sub-section (3) of section 42;
(zg) any other matter to be prescribed under clause (d) of sub-section (2) of
section 43;
(zh) the form of application under sub-section (1) of section 48;
(zi) the manner of making application under sub-section (1) of section 51;
(zj) the period to be prescribed under the first proviso to sub-section (1) of
section 51;
(zk) the manner of giving notice and opportunity of hearing to the parties unde r
sub-section (3) of section 51;
(zl) the period to be prescribed under sub-section (1) of section 53;
(zm) the form of petition and particulars to be contained therein under sub-
section (2) of section 53;
(zn) the manner of reviewing decisions by the registrar under clause (c) of
section 72;
(zo) the time to be prescribed under section 73;IP/N/1/IND/L/1
Page 30
(zp) the manner of making application and the fee to be accompanied
therewith under sub-section (1) of section 76;
(zq) the manner of making application under sub-section (1) of section 78;
(zr) the period  of giving notice of withdrawal of application under sub-
section (2) of section 78;
(zs) the manner of authorising a person under section 84;
(zt) the manner of registering a person as a layout-design agent under clause
(b) of section 84;
(zu) the conditions to be prescribed under sub-section (1) of section 87;
(zv) the fee payable under sub-section (2) of section 87;
(zw) the fees and the surcharge to be paid under sub-section (1) of section 89;
(zx) any other matter which is required to be or  may be prescribed.
(3) Every rule made by the Central Government under this Act shall be laid, as
soon as may be after it is made, before each House of Parliament, while it is in session
for a total period of thirty days which may be comprised in one session or in two o r
more successive sessions, and if, before the expiry of the session immediatelyfollowing the session or the successive sessions aforesaid, both Houses agree inmaking any modification in the rule or both Houses agree that the rule should not bemade, the rule shall thereafter have effect only in such modified form or be of no effect,as the case may be; so, however, that any such modification or annulment shall bewithout prejudice to the validity of any thing previously done under that rule.
                                                                                           SUBHASH C. JAIN
                                                                                       Secy. To the Govt. of India.
__________