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Legal Library
THE SEMICONDUCTOR INTEGRATED CIRCUITS LAYOUT-DESIGN ACT, 2000
All Acts
THE SEMICONDUCTOR INTEGRATED CIRCUITS LAYOUT-DESIGN ACT, 2000
ACT NO. 37 OF 2000 · Enacted [4th September, 2000.] · 96 sections
PRELIMINARY
Section 1.
Short title, extent and commencement.
Section 2.
Definitions.
THE REGISTER AND CONDITIONS OF REGISTRATION
Section 3.
Registrar of Semiconductor Integrated Circuits layout-design.
Section 4.
Power of Registrar to transfer pending matters.
Section 5.
Registry.
Section 6.
Register of Layout-Designs.
Section 7.
Prohibition of registration of certain layout-designs.
PROCEDURE FOR AND DURATION OF REGISTRATION
Section 8.
Application for registration.
Section 9.
Withdrawal of acceptance.
Section 10.
Advertisement of application.
Section 11.
Opposition to registration.
Section 12.
Correction and amendment.
Section 13.
Registration.
Section 14.
Jointly owned layout-design.
Section 15.
Duration of registration.
EFFECT OF REGISTRATION
Section 16.
No action of infringement of unregistered layout-design.
Section 17.
Rights conferred by registration.
Section 18.
Infringement of layout-design.
Section 19.
Registration to be prima facie evidence of validity.
ASSIGNMENT AND TRANSMISSION
Section 20.
Power of Registered Proprietor to assign and give receipts.
Section 21.
Assignability and transmissibility of registered layout-design.
Section 22.
Conditions for assignment otherwise than in connection with the goodwill of a business.
Section 23.
Registration of assignments and transmissions.
USE OF LAYOUT-DESIGN AND REGISTERED USERS
Section 24.
Registered users.
Section 25.
Registration as registered user.
Section 26.
Power of Registrar for cancellation of registration as registered user.
Section 27.
Power of Registrar to call for information relating to agreement in respect of registered users.
Section 28.
Right of registered user to take proceedings against infringement.
Section 29.
Registered user not to have right of assignment or transmission.
RECTIFICATION AND CORRECTION OF THE REGISTER
Section 30.
Power to rectify the register.
Section 31.
Correction of register.
APPELLATE BOARD
Section 32.
Establishment of Layout-Design Appellate Board.
Section 33.
Composition of Appellate Board.
Section 34.
Qualifications for appointment as Chairperson, Vice-Chairperson, or other Members.
Section 35.
Term of office of Chairperson, Vice-Chairperson and Members.
Section 36.
Vice-Chairperson or senior-most Member to act as Chairperson or discharge his function in certain circumstances.
Section 37.
Salaries, allowances and other terms and conditions of service of Chairperson, Vice-Chairperson and other Members.
Section 38.
Resignation and removal.
Section 39.
Staff of Appellate Board.
Section 40.
Application to the Appellate Board to determine royalty.
Section 41.
Power of the Board to cancel registration.
Section 42.
Appeal to Appellate Board.
Section 43.
Procedure and powers of Appellate Board.
Section 44.
Bar of jurisdiction of courts, etc.
Section 45.
Bar to appear before Appellate Board.
Section 46.
Conditions as to making of interim order.
Section 47.
Power of Chairperson to transfer cases from one Bench to another.
Section 48.
Procedure for application for rectification, etc., before Appellate Board.
Section 49.
Appearance of Registrar in legal proceedings.
Section 50.
Registrar to refer certain disputes to the Board.
Section 51.
Power of the Board to permit certain uses.
Section 52.
Costs of Registrar in proceedings before Appellate Board.
Section 53.
Appeal.
Section 54.
Powers of High Courts to make rules.
Section 55.
Transitional provisions.
OFFENCES, PENALTIES AND PROCEDURE
Section 56.
Penalty for infringement of layout-design.
Section 57.
Penalty for falsely representing a layout-design as registered.
Section 58.
Penalty for improperly describing a place of business as connected with the Semiconductor Integrated Circuits Layout-Design Registry.
Section 59.
Penalty for falsification of entries in the register.
Section 60.
Forfeiture of goods.
Section 61.
Exemption of certain persons employed in ordinary course of business.
Section 62.
Procedure where invalidity of registration is pleaded by the accused.
Section 63.
Offences by companies.
Section 64.
Cognizance of certain offences.
Section 65.
Costs of defence or prosecution.
Section 66.
Information as to commission of offence.
Section 67.
Punishment of abetment in India of acts done out of India.
MISCELLANEOUS
Section 68.
Protection of security of India.
Section 69.
Protection of action taken in good faith.
Section 70.
Certain persons to be public servants.
Section 71.
Implied warranty on sale of layout-design, etc.
Section 72.
Powers of Registrar.
Section 73.
Exercise of discretionary power by Registrar.
Section 74.
Evidence before Registrar.
Section 75.
Death of party to a proceeding.
Section 76.
Extention of time.
Section 77.
Abandonment.
Section 78.
Preliminary advice by the Registrar.
Section 79.
Registered user to be impleaded in certain proceedings.
Section 80.
Evidence of entries in register, etc., and things done by the Registrar.
Section 81.
Registrar and other officers not compellable to produce register, etc.
Section 82.
Certificate of validity.
Section 83.
Address for service.
Section 84.
Agents.
Section 85.
Layout-design registered by an agent or representative without authority.
Section 86.
Indexes.
Section 87.
Documents open to public inspection.
Section 88.
Reports of Registrar to be placed before Parliament.
Section 89.
Fees and surcharge.
Section 90.
Savings in respect of Chapter IX.
Section 91.
Declaration as to ownership of layout-design not registerable under the Registration Act, 1908.
Section 92.
Government to be bound.
Section 93.
Convention countries.
Section 94.
Provision as to reciprocity.
Section 95.
Power of Central Government to remove difficulties.
Section 96.
Power to make rules.