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Semiconductor Integrated Circuits Layout-Design Act, 2000

Contents

 

Sections

Particulars

 

Preamble

Chapter I

Preliminary

1

Short title, extent and commencement

2

Definitions

Chapter II

The Register and Conditions of Registration

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

Chapter III

Procedure for and Duration of Registration

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

Chapter IV

Effect 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

Chapter V

Assignment and Transmission

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

Chapter VI

Distribution of Electricity

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

Chapter VII

Rectification and Correction of the Register

30

Power to rectify the register

31

Correction of register

Chapter VIII

Appellate Board

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 Court to make rules

55

Transitional provisions

Chapter IX

Offences, Penalties and Procedure

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

Chapter X

Miscellaneous

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 layoutdesign, 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

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 Chapter of the said Final Act;o:p>

AND WHEREAS the Government of India, having ratified the said Final Act, should, inter alia, make provisions for giving effect to section 6 in Chapter II of the Agreement on Trade Related Aspects of Intellectual Property Rights relating to Layout-Design (Topographies) of Integrated Circuits:

BE it enacted by Parliament in the Fifty-first Year of the Republic of India as follows:-



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