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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;

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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