Semiconductor Integrated Circuits Layout-Design Act, 2000
No: 37 Dated: Sep, 04 2000
Semiconductor Integrated Circuits Layout-Design Act, 2000
(Act No. 37 of 2000)
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 part 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 Part 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:—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.—(1) This Act may be called the Semiconductor Integrated Circuits Layout-Design Act, 2000.
(2) It extends to the whole of India.
(3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision
2. Definitions.—In this Act, unles the context otherwise requires,—
(a) “Appellate Board” means the Appellate Board established under section 32;
(b) “assignment” means an assignment in writing by act of the parties concerned;
(c) “Bench” means a Bench of the Appellate Board;
(d) “Chairperson” means the Chairperson of the Appellate Board;
(e) “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;
(f) “convention country” means a country notified as such under section 93;
(g) “Judicial Member” means a Member of the Appellate Board appointed as such under this Act, and includes the Chairperson or such Vice-Chairperson who possesses any of the qualifications specified in sub-section (3) of section 34;
(h) “layout-design” means a layout of transistors and other circuitry elements and includes lead wires connecting such elements and expressed in any manner in a semiconductor integrated circuit;
(i) “Member” means a Judicial Member or a Technical Member of the Appellate Board and includes the Chairperson and the Vice-Chairperson;
(j) “notify" means to notify in the Semiconductor Integrated Circuit Journal published by the Registrar;
(k) “prescribed” means prescribed by rules made under this Act;
(l) “register” means the Register of Layout-Designs referred to in section 6;
(m) “registered” (with its grammatical variations) means registered under this Act;
(n) “registered layout-design" means a layout-design which is actually on the register;
(o) “registered proprietor”, in relation to a layout-design, means the person for the time being entered in the register as proprietor of the layout-design;
(p) “registered user” means a person who is for the time being registered as such under section 25;
(q) “Registrar” means the Registrar of Semiconductor Integrated Circuits Layout-Design referred to in section 3;
(r) “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;
(s) “Technical Member” means a Member of the Appellate Board who is not a Judicial Member and includes the Chairperson or such Vice-Chairperson who possesses any of the qualifications specified in sub-section (4) of section 34;
(t) “transmission” means transmission by operation of law, devolution on the personal representation of a deceased person or any other mode of transfer not being assignment;
(u) “Vice-Chairperson” means the Vice-Chairperson of the Appellate Board;
(v) any reference to the Semiconductor Integrated Circuits Layout-Design Registry shall be construed as including a reference to any office of the Semiconductor Integrated Circuits LayoutDesign Registry.
CHAPTER II
THE REGISTER AND CONDITIONS OF REGISTRATION
3. Registrar of Semiconductor Integrated Circuits Layout-Design.—(1) The Central Government may, by notification in the Official Gazette, appoint a person to be known as the Registrar of Semiconductor Integrated Circuits Layout-Design for the purposes of this Act.
(2) The Central Government may appoint such other officers with such designation as it thinks fit for the purpose of discharging, under the superintendence and direction of the Registrar, such functions of the Registrar under this Act as he may from time to time authorise them to discharge.
4. Power of Registrar to transfer pending matters.—Without prejudice to the generality of the provisions of sub-section (2) of section 3, the Registrar may, by order in writing and for reasons to be recorded therein, withdraw any matter pending before an officer appointed under the said sub-section (2) and deal with such matter himself either de novo or from the stage it was so withdrawn or transferred the same to another officer so appointed who may subject to the special direction in the order of transfer deal with the matter either de novo or from the stage it was so transferred.