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:-