F A Q
    

Frequently Asked Question on Semiconductor Integrated Circuits Layout-Design Act, 2000

 

 

 

1.What is the aim of the Semiconductor Integrated Circuits Layout-Design (SICLD)Act, 2000?

The Semiconductor Integrated Circuits Layout-Design Act 2000 provides for the protection of Semiconductor Integrated Circuits Layout Designs and for matters connected therewith or incidental thereto.

2.What is the present status of the SICLD Act 2000?

The SICLD Act 2000 of Parliament received the assent of the President on the 4th September 2000. At present the rules under the Act are being finalised.

3. What is meant by semiconductor integrated circuit?

Semiconductor integrated circuit means a product having transistors and other circuitry elements which are inseparably formed on a semiconductor material or an insulating material or inside the semiconductor material and designed to perform an electronic circuitry function.

4.What is meant by the layout-design of a semiconductor integrated circuit?

The layout-design of a semiconductor integrated circuit means a layout of transistors and other circuitry elements and includes lead wires connecting such elements and expressed in any manner in semiconductor integrated circuits.


5. Where is the SICLD Act 2000 applicable?

The SICLD Act 2000 is applicable to whole of India.


6. What are the major provisions contained in the SICLD Act, 2000?

    • Extends to the whole of India
    • Has a provision of SICLD Registry where the layout-designs of integrated circuits can be registered
    • Defines layout-designs of integrated circuits which can be registered under the Act
    • Defines duration of registration of layout-designs
    • Defines rights conferred by registration
    • Defines what constitutes the infringement of layout-designs
    • Defines procedures for assignment and transmission of registered layout- design
    • Has provision of registered users of registered layout-design
    • Has provisions of establishment of Layout-Design Appellate Board
    • Has provision of appointment of Chairperson, Vice-Chairperson and Members of Layout-Design Appellate Board as well as Registrar and other officers of SICLD Registry
    • Has provision of royalty in case the person using the layout-design had no knowledge that layout-design which he is using was registered under the Act
    • Gives powers to Layout-Design Appellate Board to cancel registration
    • Has provisions of compulsory licensing for a limited period in case of use for non-commercial public purposes or for the purposes relating to national emergency or extreme public urgency
    • Has provisions of penalty in case of :
    • infringement of layout-design
    • falsely representing a layout-design as registered
    • improperly describing a place of business as connected with SICLD Registry
    • falsification of entries in the register etc.
    • Has provisions of appointing agents
    • Has provisions of reciprocity with other nations

 

7. What does SICLD Act enable?


The SICLD Act enables:

    • Protection of intellectual property embedded in layout-designs of integrated circuits

    • Use of registered layout-design by the registered user

    • Payment of royalty in case of use of registered layout-design without knowing that the layout-design was registered i.e. the case of innocent infringement

    • Use of registered layout-design for limited purposes of scientific evaluation, analysis, research or teaching without constituting it as infringement

    • Criminal proceedings in case of infringement

 

8. Can we protect/register under the SICLD Act any idea, procedure, process, method of operation, any information
stored in the integrated circuits?

No, only the layout-design - which essentially is the floor planning of the integrated circuits can be registered under the SICLD Act 2000 and the other information like any idea, procedure, process, system, programme stored in the integrated circuit, method of operation etc. cannot be protected under the Act.

9.What are the rights conferred on the registered proprietor of the Layout-Design?

The SICLD Act gives to the registered proprietor of the layout-design the exclusive right to use the layout-design and obtain relief in respect of infringement. It may be noted here that the registration of a layout-design does not give monopoly rights but gives only a right to prevent infringement of the registered layout-design during the period of registration.

10. Can a layout-design be jointly registered under the Act?

Yes, two or more persons can be joint proprietors of a layout-design provided:

    1. both of them or all of them have put the combined intellectual effort in creating such design or

    2. in relation to the creation of such layout-design both of them or all of them are connected in such a manner that intellectual effort of each of them are not distinguishable in creation of such layout-design
 11. Can any other designer register a design already registered under the Act as well? No, but if a person by application of independent intellect creates a layout-design which is identical to a registered layout-design then any act of such a person in respect of the layout-design so created shall not be an infringement of the registered layout-design.

12. Do all layout-designs of integrated circuits qualify for registration under SICLD Act, 2000?

No. Only the layout-designs that are original or inherently distinctive from other layout-designs and have not been commercially exploited anywhere in a convention country for more than two years (section 7 of the Act) can be registered under the Act.

13. What is meant by the commercial exploitation in relation to semiconductor integrated circuits layout-design?

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.

14. What is the duration of registration?

The registration of a layout-design shall be only for the period of ten years 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.

15. Who can obtain protection of layout-designs under the SICLD Act, 2000?

Indian nationals or nationals of country outside India which affords to citizens of India similar privileges as granted to its own citizens can apply for protection of layout-designs under the SICLD Act, 2000.

16.What features make this Act different from the other IPR Acts i.e. Patent Act, TradeMarks Act, Copyright Act etc.?

The other IPR Act i.e. the Patent Act, the TradeMarks Act, Copyright Act etc. give monopoly to the registered proprietor whereas this Act does not do so.

17. What is Semiconductor Integrated Circuits Layout-Design Registry and where is it situated?

Semiconductor integrated circuits layout-design registry is a place where the layout-design of integrated circuits will be registered for protection against any infringement. The SICLD Registry has not been constituted as yet. It will be constituted at a place which will be notified by the Government as and when the SICLD Act comes into force.

18. What is the structure of Semiconductor Integrated Circuits Layout-Design Registry?

The Semiconductor Integrated Circuits Layout-Design Registry will have a Registrar of Semiconductor Integrated Circuits Layout-Design. It will also have other officers who will discharge functions authorised to them. These officers shall work under the superintendence and direction of the Registrar.

19. What are the powers of Registrar?

Broadly speaking, the following are the powers of the Registrar as per section-72 of the Act:

a.)All powers of a civil court for the purposes of

    • receiving evidence

    • administering oath

    • enforcing the attendance of witnesses

    • compelling the discovery and production of documents and

    • issuing commissions for examination of the witnesses.

b.)The Registrar may make orders subject to rules as to costs as he considers reasonable and any such order shall be executable as decree to a civil court

      c.) The Registrar may review his own decision

20. Who will decide that the design is original?

The Registrar will determine the originality of the design based on the information available with him as also through the mechanism of advertisement of the application for registration of the layout-design.

21.What is the 'broad' process of registration of a layout-design?

The registration of a layout-design will involve the following steps:

    1. application by the creator of the layout-design at the SICLD Registry

    2. the Registrar may refuse the application or may accept it is absolutely or with some modifications

    3. the accepted applications shall be advertised within 14 days of acceptance

    4. any opposition to the advertisement can be filed within three months from the date of advertisement

    5. the counter-statement to the notice of opposition, if any, shall be filed within two months from the date of receipt of copy of notice of opposition from the Registrar

    6. A copy of the counter statement shall be provided to the opposing party

    7. The Registrar will decide on the originality of the layout-design and register it partially or fully based on the inputs

22. Can a preliminary advice be sought from the Registrar on originality of the layout-design before application is filed for registration?

Yes, under Section-78 of the Act, it is permissible to seek preliminary advice from the Registrar on the originality of the layout-design before application is filed for registration.

23.Which documents are to be given at the Registry at the time of Registration?

The Rules under the Act that specify the documents are being finalised. These will be indicated here as soon as the Rules are ready.

24. What is Register of Layout-Designs?

Register of Layout-Designs is a register wherein shall be entered all registered layout-designs with names, addresses and descriptions of the proprietor and other matters related to the registered layout-designs.

25. Who can rectify/correct the Register of Layout-Designs?

The Layout-Design Appellate Board or the Registrar can rectify the Register of Layout-Designs.
In addition to this, Register can make the following correction in the Register

    1. 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

    2. enter any change in the name, address or description of the person who is registered as proprietor of a layout-design

    3. cancel the entry of a layout-design on the register

26. Does public has the access to the documents kept in the Registry?

Yes. The public can inspect the following documents:

    1. the Register of layout-designs and any document upon which any entry in the register is based

    2. 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

    3. the indexes (as indicated in section 86 of the Act).

27. What should be done to use a registered layout-design under the Act?

To use a registered layout-design under the Act, one should become the registered user of the registered layout-design as provided under section-24 of the Act.

28. Does registered user under the Act have rights of assignment or transmission of a registered layout-design?

No, the Act does not confer on a registered user of a layout-design any assignable or transmissible right to use thereof.

29. Who issues the Certificate of Registration?

The Registrar will issue the certificate of registration with the seal of Semiconductor Integrated Circuits Layout-Design Registry.

30. Who and under what conditions the registration of a registered user can be cancelled?

The Registrar can cancel the registration of the registered user of the registered layout design in the following cases:

    1. On application in writing from the registered proprietor or the registered user

    2. On application from a person that

    • the registered design is not being used in accordance with the agreement

    • the proprietor or the registered user misrepresented or failed to disclose some facts which would not have justified the registration as registered user

    • the circumstances have changed since the date of registration as registered user and changed circumstances would not have justified registration as registered user

    • the registration ought not to have been effected having regard to right vested in the application by virtue of a contract in the performance of which he is interested

    1. the agreement between the registered proprietor and the registered user on the topographical dimensions is not being adhered to

    2. if the layout-design is no longer registered

31. What is a Layout-Design Appellate Board and where is it situated?

The Central Government will establish an Appellate Board to be known as Layout-Design Appellate Board to exercise the jurisdiction, powers and authority conferred on it by or under the SICLD Act, 2000. The Appellate Board has not yet been constituted. It will be constituted at a place which will be notified by the Government as and when the SICLD Act comes into force.

32. What are the 'broad' functions of the Layout-Design Appellate Board?

The following are the broad functions of the Layout-Design Appellate Board:

    1. Rectify the Register of Layout-Designs

    2. Determine Royalty in case of use of the registered layout-design by a user who had no prior knowledge that the layout-design was registered i.e. innocent infringement

    3. Cancel registration of a layout-design (as per section 41 of the Act)

    4. Listen to the appeals made against the decisions of the Registrar and decide appropriately

    5. Decide the cases referred to by the Registrar

    6. Permit use of registered layout-design without the authorisation of the registered proprietor (as per section 51 of the Act).

While deciding cases the Layout-Design Appellate Board shall be guided by the principles of natural justice and will have the same powers as vested in a civil court under the Code of Civil Procedures, 108 while trying a suit in respect of the following matters

    • receiving evidence

    • issuing commissions for examination of witnesses

    • requisitioning any public record etc.

33. What is the structure of Layout-Design Appellate Board?

The Layout-Design Appellate Board will have a Chairperson, a Vice-Chairperson and Members (legal and technical).

 

34. Is there a provision in the SICLD Act 2000 to permit use of registered layout-design without the authorisation of the registered proprietor of the layout-design i.e. the compulsory licensing permissible under the Act?

Yes, there is a provision in the Act wherein the Layout-Design Appellate Board can authorise the Governmnet or any person authorised by the Government, after giving notice to the registered proprietor of the layout-design, permit use of the registered layout-design, for a limited period subject to the following conditions (section 51 of the Act):

    • the use shall be for non-commercial public purposes or purposes related to national emergency or of extreme public urgency

    • the use shall be to remedy the anti-competitive practices

    • the use shall non-assignable and non-transmissible

    • the use shall be for supplying ICs or articles incorporating these ICs for domestic market of India only.

35. In the case of granting compulsory licensee under the Act, is the registered proprietor given the royalty and who decides the royalty?

Yes, while granting a compulsory license the Layout-Design Appellate Board determines the amount to be paid as royalty by the Governmnet or the person authorised by the Governmnet, as the case may be, to the registered proprietor of the layout-design.

36. Can the registered proprietor of the layout-design request the Appellate Board to review the compulsory license?

Yes the registered proprietor of the layout-design can appeal the Appellate Board to review the compulsory license granted under section 51 of the Act. The Board can amend or cancel such permission if it is satisfied that any of the conditions subject to which the permission was granted has not been observed or the circumstances which led to the granting of the such permission has ceased to exist or substantially changed.

37. Where appeal can be made against the decision of the Appellate Board?

Appeal in the High Court can be made against order of the Appellate Board.

38. What is the penalty for infringement of a registered layout-design?

Infringing the rights of a registered proprietor of a layout-design is a criminal offence. The infringer is punishable with imprisonment for a term that may extend to three years or fine which shall not be less than Rs. 50,000/- but which may extend to Rs. 10.0 lakhs or with both.

39. What is the penalty for falsely representing a layout-design as registered?

It is a criminal offence to falsely represent a layout-design as registered. If a person does so, he can be punished with imprisonment for a term that may extend to six months or with fine which may extend to Rs. 50,000/- or with both.

40. What is the penalty for improperly describing a place of business as connected with SICLD Registry?

It is a criminal offence to improperly describe a place of business as connected with SICLD Registry. If a person does so, he can be punished with imprisonment for a term that may extend to six months or with fine or with both.

41. What is the penalty for falsification of entries in the register?

Falsification of entries in the register is a criminal offence. If a person does so, he can be punished with imprisonment for a term that may extend to two years or with fine or with both.

42. Can any action of infringement of unregistered layout-design be instituted?

No, no person is entitled to institute any proceeding to prevent, or to recover damages for the infringement of an unregistered layout-design.

43. Where a person based on the scientific evaluation or analysis of a registered layout-design creates another layout-design that is original. Does this person has the right to register his layout-design under the SICLD Act?

Yes, such a person can register his layout-design under the Act and he will get the exclusive right to use the layout-design and to obtain relief in case of any infringement including the one done by the registered proprietor of the layout-design based on scientific evaluation of which he created his new design.

44. Where a person purchases a semiconductor integrated circuits layout-Design or any article incorporating such a semiconductor integrated circuit, is he entitled to immunity from infringement?

Yes, such a person is entitled to immunity from infringement.

45. Can Registrar extend time for doing any act under the SICLD Act, 2000?

Yes, the Registrar can extend time for doing any act, whether the time so specified has expired or not, subject to such conditions as he may think fit to impose. However, there can be no relaxation in the time limit for commercial exploitation i.e. two years, under the Act.

46. Which other persons can do any act, other than making of the affidavit, instead of the person himself, under the SICLD Act, 2000?

The following duly authorised persons, instead of the person himself, can do any act other than making of an affidavit on the behalf of such person:

    1. a legal practitioner

    2. a person registered as layout-design agent in the Registry

(c) a person in the sole and regular employment of the principal
Last Modified On: Thursday, February 24, 2005
Viewed 3187 Times Since 29/03/2003