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

ACT MATTERS

• What is the aim of the Semiconductor Integrated Circuits Layout-Design (SICLD) Act, 2000 ?
  
• What is the present status of the SICLD Act 2000?
  
• What is meant by Semiconductor Integrated Circuit?
  
• What is meant by the Layout-Design of a Semiconductor Integrated Circuit?
  
• Where is the SICLD Act 2000 applicae?
  
• What are the major provisions contained in the SICLD Act, 2000?
  
• How can SICLD Act serve?
  
• What are the criteria for Registration of a Chip Layout-Design?
  
• Can one protect/register under the SICLD Act any idea, procedure, process, method of operation, any, information stored in the integrated circuits?
  
• What are the rights conferred on the registered proprietor of the Layout-Design?
  
• Can a IC Layout-Design be jointly registered under the Act?
  
• Do all Layout-Designs of Integrated Circuits qualify for registration under SICLD Act, 2000?
  
• What is meant by the commercial exploitation in relation to semiconductor integrated circuits layout-design?
  
• What is the duration of registration?
  
• Who can obtain protection of Layout-Designs under the SICLD Act, 2000?
  
• What makes this Act different from the other IPR Acts i.e. Patent Act, TradeMarks Act, Copyright Act etc.?

REGISTRY MATTERS

• What is Semiconductor Integrated Circuits Layout-Design Registry and where is it situated?
  
• What are the powers of Registrar?
  
• Who decides that the Layout Design is original?
  
• What are the steps in registration of a Layout-Design?
  
• Which documents are to be given at the Registry at the time of filing IPR application?
  
• What is Register of Layout-Designs?
  
• Who can rectify/correct the Register of Layout-Designs?
  
• Does public has the access to the documents kept in the Registry?
  
• Who issues the Certificate of Registration?
  
• Does registered user under the Act have rights of assignment or transmission of a registered layout-design?
  
• Who and under what conditions the registration of a registered user can be cancelled?

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APPELLATE BOARD MATTERS

• What is the appropriate Appellate Board for appeals or grievance redressal?
  
• What are the functions of the LDAB or IPAB?
  
• Is there a provision in the SICLD Act 2000 to permit use of registered layout-design without the authorization of the registered proprietor of the layout-design i.e. the compulsory licensing permissible under the Act?
  
• In the case of granting compulsory licensee under the Act, is the registered proprietor entitled for any relief and who decides?
  
• Can the registered proprietor of the layout-design request the Appellate Board to review the compulsory license?
  
• Where appeal can be made against the decision of the Appellate Board? 
  

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GENERAL 

• What is the penalty for infringement of a registered layout-design?
  
• What is the penalty for falsely representing a layout-design as registered?
  
• What is the penalty for improperly describing a place of business as connected with SICLD Registry?
  
• What is the penalty for falsification of entries in the register?
  
• Can any action of infringement of unregistered layout-design be instituted?
  
• 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 can register his layout-design under the SICLD Act?
  
• 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? 
  
• Can Registrar extend time for doing any act under the SICLD Act, 2000? 
  
• Which other persons can do any act, other than making of the affidavit, instead of the person himself, under the SICLD Act, 2000?

ACT MATTERS

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

The aim of the Semiconductor Integrated Circuits Layout-Design Act 2000 is to provide protection of Intellectual Property Right (IPR) in the area of Semiconductor Integrated Circuit Layout Designs and for matters connected therewith or incidental thereto.

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

TThe SICLD Act 2000 was Gazetted on the 4 th September 2000 (Part II-Section I, No. 46 ). The rules under the Act have been Gazetted on December 11, 2001 ( Part II. Section 3 , No 615) . The Act is being implemented in stages. Sections 3 and 5 of the Act have been brought to force w.e.f. 1.5.2004. Setting up of a Registry with jurisdiction all over India for registering the IPR applications in Semiconductor Integrated Circuit Layout-Designs is in progress at the following address:

Semiconductor Integrated Circuits Layout-Design Registry (SICLDR)

Room No. 3014-3015 Electronics Niketan Department of Information Technology Ministry of Communications and Information Technology 6 CGO Complex, Lodi Road New Delhi-110 003. Ph: 24301405/905 Telefax: 24361464

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?

This Act is applicable for IC Layout-Design IPR applications filed at the Registry in India .

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

(a)Jurisdiction to the whole of India (b)SICLD Registry as the front end - where the layout-designs of integrated circuit chips can be registered (c)Defines layout-designs of integrated circuits which can be registered under the Act (d)Defines duration of registration of layout-designs (e)Defines rights conferred by registration (f)Defines matters of infringement of layout-designs (g)Defines procedures for assignment and transmission of registered layout- design (h)Provides for registered users for using registered layout-design (i)Provides for an Appellate Board as a forum of redressal Treatment of Royalties (j)Provides for provisions in matter of national emergency or extreme public urgency (k)Specifies penalty in case of :       (i)infringement of layout-design      (ii)falsely representing a layout-design as registered      (iii)improperly describing a place of business      (iv)falsification of entries in the register      (v)forfeiture of goods      (vi)offences by companies (l)Provision for agents (m)Reciprocity provision with other recognized countries Top 7. How can SICLD Act serve? The main focus of SICLD Act is to provide for routes and mechanism for protection of IPR in Chip Layout Designs created and matters related to it as brought out under Q6. 8. What are the criteria for Registration of a Chip Layout Design? A Layout design that is: Original Not commercially exploited anywhere in India or convention /reciprocal country Inherently distinctive Inherently capable of being capable of being distinguishable from any other registered layout design. 9. Can one 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 mask layout- floor planning of the integrated circuits can be registered under the SICLD Act 2000 and not the other information like any idea, procedure, process, system, programme stored in the integrated circuit, method of operation etc. 10. What are the rights conferred on the registered proprietor of the Layout-Design? The SICLD Act empowers the registered proprietor of the layout-design an inherent right to use the layout-design, commercially exploit it and obtain relief in respect of any infringement.   11. Can a IC Layout-Design be jointly registered under the Act? Yes, the Act allows two or more persons as joint proprietors of a layout-design. Refer Section 14 of Act .   12. Do all layout-designs of integrated circuits qualify for registration under SICLD Act, 2000? No. Only the layout-designs created by the creators through own intellectual efforts and commonly not known to the creators at the time of creation; or inherently distinctive from other registered layout-designs or have not been commercially exploited in India; or a convention country for more than two (2) years can be registered under the Act. For full details refer Section 7 of Act.   13. What is meant by the commercial exploitation in relation to semiconductor integrated circuits Layout-Design? Commercial exploitation implies acts such as sell, lease, offer or exhibit for sale or otherwise distribute such semiconductor integrated circuit for commercial purpose. Top 14. What is the duration of registration? A period of 10 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 convention country or country specified by Government of India whichever is earlier. Refer sections 93 and 94.   15. Who can obtain protection of Layout-Designs under the SICLD Act, 2000? Any person(s) who a) is creator of a layout design and desires to register it b) is an Indian national or national of country outside India which accords to citizens of India similar privileges as granted to its own citizens in respect of registration and protection of layout-designs and c) has principal place of business in India or if he does not carry out business in India , has place of service in India 16. What makes this Act different from the other IPR Acts i.e. Patent Act, TradeMarks Act, Copyright Act etc.? SICLD Act is a sui-generis (one of its kind) specifically meant for protecting IPR relating to Layout-Design (Topographies) of Semiconductor Integrated Circuit Top REGISTRY MATTERS APPELLATE BOARD MATTERS GENERAL