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Frequently Asked Questions & Answers

The Semiconductor Integrated Circuits Layout Design

107. What does Semiconductor Integrated Circuits layout Design Act, 2000 cover?
108 What is not registrable as IC layout design?
109 What is the term of an IC layout design protection?
110 What constitutes infringement under the Act?
111. What is the cost of registering IC layout design application in India?


107. What does Semiconductor Integrated Circuits layout Design Act, 2000 cover?

It provides protection for semiconductor IC layout designs. Layout design includes a layout of transistors and other circuitry elements and includes lead wires connecting such elements and expressed in any manner in a semiconductor IC. Semiconductor IC is a product having transistors and other circuitry elements, I 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.

108. What is not registrable as IC layout design?

Layout design

1. Not original
2. Commercially exploited anywhere in India or in a convention country;
3. Inherently not distinctive:
4. Inherently not capable of being distinguishable from any other registered layout design is not registrable as IC layout design.

Note: Design not exploited commercially for more than 2 years from date of registration of application shall be treated as commercially exploited for the purpose of this Act.

109. What is the term of an IC layout design protection?

The term is 10 years from the date of filing or from the date of first commercial exploitation anywhere in any country whichever is earlier.

110. What constitutes infringement under the Act?

Reproducing, importing, selling, distributing the IC layout design for commercial purposes only constitutes infringement. A person when creates another layout design on the basis of scientific evaluation of a registered layout design shall not be causing any infringement.

111. What is the cost of registering IC layout design application in India?
Some important fees are given below:

No. Action Official fee
1 On application to register a layout - design Rs.5000/-
2. On request for certificate of the Registrar Rs.1000/-

 

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