Layout Designs of Integrated Circuits

– Layout Designs (Topographies) of Integrated Circuits Act, 2004 (Act 667), entry into force (Gazette Notification) April 2, 2004. (Implementing Regulations are yet to be promulgated.)

Filing and Examination

Applicant: any individual or legal entity. 

Applicant not resident or not having its principal place of business in the country: must be represented by a legal practitioner resident and practicing in the country. 

Definitions: integrated circuit means a product, in its final form or an intermediate form in which the elements, at least one of which is an active element, and some or all of the interconnections are integrally formed in or on a piece of material and which is intended to perform an electronic function; layout design (topography) means the three-dimensional disposition, however expressed, of the elements, at least one which is an active element, and of some or all of the interconnections of an integrated circuit or such a three-dimensional disposition prepared for an integrated circuit intended for manufacture. 

Criteria for protection: originality; a layout design is considered original if it is the result of its creator’s own intellectual effort and is not commonplace among creators of layout designs and manufacturers of integrated circuits at the time of its creation.

Novelty: it is also a requirement that the layout design has not been commercially exploited or has not been commercially exploited for more than two years, anywhere in the world.

Filing requirements for an application (to be sent to resident agent). An application for the registration of a layout design shall be filed with the Registrar. A separate application shall be filed for each layout design. The application shall contain:
1. A request for registration in the Register and a brief and precise designation of the layout design;
2. A copy or drawing of the layout design, together with information defining the electronic function, which the integrated circuit is intended to perform, but the application may omit parts of the copy or drawing that relate to the manner of manufacture of the integrated circuit, in so far as the parts submitted are sufficient to allow the identification of the layout design;
3. Specification of the date of first commercial exploitation of the layout design anywhere in the world or indication that the exploitation has not commenced;
4. The name, address, nationality and place of residence of the applicant;
5. Power of attorney appointing the representative of the applicant;
6. Particulars establishing the right to protection under the Act.

Examination: as to formal requirements only.

Publication: after registration.

Protection

Right to protection: belongs to the creator of the layout design or his assignees or successors; where several persons have jointly created a layout design, the right to protection belongs to them jointly. Where the layout design is created in the execution of a commission or an employment contract, the right to the layout design protection belongs, in the absence of any contractual provisions to the contrary, to the person who commissioned the work or to the employer.

Prohibited acts: include reproducing the layout design, importing, selling or otherwise distributing, for commercial purposes; the protected layout design, an integrated circuit in which the protected layout design is incorporated or an article incorporating the integrated circuit in so far as the integrated circuit or article continues to contain an unlawfully reproduced layout design, without the authorization of the right holder. Intentional infringement is a criminal offense.

Exclusion from protection: reproduction of the protected layout design for private purposes or for the sole purpose of evaluation, analysis research or teaching; incorporation in an integrated circuit of a layout design, which is itself original and created on the basis of analysis or evaluation. 

Duration: ten years from the date of commencement of protection (date of first commercial exploitation or date of filing).

Changes of ownership and license contracts: provided for.

Compulsory licenses: provisions exist on exploitation by a government agency or by a third person on the grounds of public interest or the need to remedy anti-competitive practices.

Cancellation of registration: by the High Court at the instance of any interested person.