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INTEGRATED CIRCUITS

ndian government has passed an Act to protect the layout-designs of semiconductor integrated circuits. The objective of the law is to promote the progress of innovation in integrated circuits. The layout designs of integrated circuits may not be protected under the

patent regime as the level of innovation in the field is incremental and that would not be sufficient to satisfy the stringent patent requirements.

Requirements A layout design has to satisfy the following requirements to be eligible for registration:

a. Original

A layout-design is considered to be original if it is the result of its creator's own intellectual

efforts and is not commonly known to the creators of layout-designs and manufacturers of

semiconductor integrated circuits at the time of its creation. In other words, to be original, a

layout design should be independently created and not generally known.

b. Not commercialized

To be eligible for registration, a layout design should not have been commercialized within India

or in a convention country before the date of application for registration. The law provides for a

grace period of twenty four months within which period from first commercialization, a person

can file an application for registration and his application will not be rejected.

c. Distinctive

A layout design has to be inherently distinctive or capable of being distinguished. It means that

the design should be different from existing designs in order to be eligible for registration.

Process of Registration To register a layout design, an application has to be filed before the Registrar in a prescribed manner along with the prescribed fee. The Registrar will then examine the application and

I

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either reject or accept it with or without amendments or modifications1. After acceptance, the application will be advertised and kept open for opposition2. In case of an opposition, the Registrar will give the applicant an opportunity to respond and will grant a hearing if required. On successfully passing the opposition, the application will be registered and a certificate of registration will be issued.

Term The term of a registered layout design is ten years from the date of first commercialization or from the date of registration3.

Rights The registration of a layout design gives the owner the following rights:

1. Right to use;

2. Right to reproduce;

3. Right to distribute;

4. Right to sell; and

5. Right to Import the layout design

The rights subsist irrespective of whether the layout design is incorporated into an article or not. Protection of layout designs accrues only by registration and in no other manner.

Infringement A person is liable for infringement of a layout design4 if he exercises any of the rights of the owner of the layout design without authorization or permission. Use of the layout design for 1 The Semiconductor Integrated Circuits Layout – Design Act, 2000, Section 8 : Application for registration.

2 Section 11 of the Act. : Opposition to Registration

3 The Semiconductor Integrated Circuits Layout- Design Act, 2000, Section 15

4 The Semiconductor Integrated Circuits Layout – Design Act, 2000, Section 56.

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analysis, scientific evaluation, teaching or research is not considered to be infringement. Liability for infringement may be civil and/or criminal.

Suggested Further Reading

Semi conductors and Integrated circuits