Search Results on rules for query: "The Semiconductor Integrated Circuits Layout-Design Rules, 2001"
Related Section(s)(1) Where a person becomes entitled by
assignment or transmission to a registered layout-design, he shall apply in the prescribed manner to the
Registrar to register his title, and the Registrar shall, on receipt of the application and on proof of his title
to his satisfaction, register him as the proprietor of the layout-design and shall cause particulars of the
assignment or transmission to be entered on the register:
Provided that where the validity of an assignment of transmission is in dispute between the parties, the Registrar may refuse to register the assignment or transmission until the rights of the party have been determined by a competent court. (2) Except for the purpose of an application before the Registrar under sub-section (1) or an appeal from an order thereon, or an application under section 30 or an appeal from an order thereon, a document or instrument in respect of which no entry has been made in the register in accordance with sub-section (1), shall not be admitted in evidence by the Registrar or the Appellate Board or any court in proof of title to the layout-design by assignment or transmission unless the Registrar or the Appellate Board or the court, as the case may be, otherwise directs. (1) Save as provided in sub-section (2), nothing in this Act shall
authorise the registration of two or more persons who claim to be the creator of a layout-design.
(2) Where the relation between two or more persons claiming to be the creator of layout-design are such that-- (a) both of them or all of them have put the combined intellectual effort in creating such design; or (b) in relation to the creation of such layout-design both of them or all of them are connected in such manner that intellectual effort of each of them are not distinguishable in creation of such layout design, those persons may be registered as joint proprietor of the layout-design and this Act shall have effect in relation to any right to the use of the layout-design vested in those persons as if in those rights vested in a single person. (1) For the purposes of this Act, a record called the Register of
Layout-Designs shall be kept at the head office of the Semiconductor Integrated Circuits Layout-Design
Registry wherein shall be entered all registered layout-designs with the names, addresses and descriptions
of the proprietor and such other matters related to the registered layout-designs as may be prescribed.
(2) Subject to the superintendence and direction of the Central Government, the register shall be kept under the control and management of the Registrar. (3) There shall be kept at each Branch office of the Semiconductor Integrated Circuits Layout-Design Registry a copy of the register and other documents as the Central Government may, by notification in the Official Gazette, direct. (1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the other matters relating to the registered layout-designs to be entered in the register under sub-section (1) of section 6; (b) the manner of applying to the Registrar for registration under sub-section (1) of section 8; (c) the manner of advertising the application under sub-section (1) of section 10; (d) the manner of notifying the correction or amendment in application under sub-section (2) of section 10; (e) the manner of making application, the fee to be paid and the manner of giving notice under sub-section (1) of section 11; (f) the manner of sending counter statement under sub-section (2) of section 11; (g) the manner of submitting evidence under sub-section (4) of section 11; (h) the form of issuing certificate under sub-section (2) of section 13; (i) the manner of giving notice under sub-section (3) of section 13; (j) the manner of making applications to register the title under sub-section (1) of section 23; (k) the manner of applying to Registrar under sub-section (1) of section 25; (l) the document to be prescribed under clause (c) of sub-section (1) of section 25; (m) the manner of issuing notice under sub-section (3) of section 25; (n) the manner of applications under clause (a) of sub-section (1) of section 26; (o) the manner of making applications under clause (b) of sub-section (1) of section 26; (p) the manner of making applications under clause (c) of sub-section (1) of section 26; (q) the manner of issuing notice under sub-section (2) of section 26; (r) the procedure of cancelling registration under sub-section (3) of section 26; (s) the manner of applying to the Appellate Board under sub-section (1) of section 30; (t) the manner of giving notice under sub-section (3) of section 30; (u) the manner of serving notice under sub-section (4) of section 30; (v) the manner of making application under sub-section (1) of section 31; (w) the manner of making application under sub-section (2) of section 31; (x) the salaries and allowances payable to and other terms and conditions of service of the Chairperson, Vice-Chairperson and other Members under sub-section (1) of section 37; (y) the procedure for investigation of misbehaviour or incapacity of the Chairperson, Vice-Chairperson and other Members under sub-section (3) of section 38; (z) the salaries and allowances and other conditions of service of the officers and other employees of the Appellate Board under sub-section (2) of section 39; (za) the manner of general superintendence by the Chairperson under sub-section (3) of section 39; (zb) the form of application, the affidavit, documents and other evidence and fee payable in respect of, filing of such application and other fees for the services or execution of process to be accompanied therewith under sub-section (2) of section 40; (zc) the time limit for filing the opposition under sub-section (3) of section 40; (zd) the form of making application and the fee to be a accompanied therewith under sub-section (1) of section 41; (ze) the manner of giving notice under sub-section (2) of section 41; (zf) the form of appeal, the manner of verification of such appeal and the fee to be accompanied therewith under sub-section (3) of section 42; (zg) any other matter to be prescribed under clause (d) of sub-section (2) of section 43; (zh) the form of application under sub-section (1) of section 48; (zi) the manner of making application under sub-section (1) of section 51; (zj) the period to be prescribed under the first proviso to sub-section (1) of section 51; (zk) the manner of giving notice and opportunity of hearing to the parties under sub-section (3) of section 51; (zl) the period to be prescribed under sub-section (1) of section 53; (zm) the form of petition and particulars to be contained therein under sub-section (2) of section 53; (zn) the manner of reviewing decisions by the registrar under clause (c) of section 72; (zo) the time to be prescribed under section 73; (zp) the manner of making application and the fee to be accompanied therewith under sub-section (1) of section 76; (zq) the manner of making application under sub-section (1) of section 78; (zr) the period of giving notice of withdrawal of application under sub-section (2) of section 78; (zs) the manner of authorising a person under section 84; (zt) the manner of registering a person as a layout-design agent under clause (b) of section 84; (zu) the conditions to be prescribed under sub-section (1) of section 87; (zv) the fee payable under sub-section (2) of section 87; (zw) the fees and the surcharge to be paid under sub-section (1) of section 89; (zx) any other matter which is required to be or may be prescribed. (3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. (1) Where it is proposed that a person should be registered as
a registered user of a layout-design, the registered proprietor and the proposed registered user shall jointly
apply in writing to the Registrar in the prescribed manner and every such application shall be
accompanied by--
(a) the agreement in writing or a duly authenticated copy thereof, entered into between the registered proprietor and the proposed registered user with respect to the permitted use of the layout-design; and (b) an affidavit made by the registered proprietor or by some person authorised to the satisfaction of Registrar to act on his behalf-- (i) giving particulars of the relationship, existing or proposed, between the registered proprietor and the proposed registered user, including particulars showing the degree of control by the proprietor over the permitted use which the relationship will confer and whether it is a term of their relationship that the proposed registered user shall be sole registered user or that there shall be any other restriction as to persons for whose registration as registered user application may be made; (ii) stating the conditions or restrictions, if any, proposed with respect to the place of permitted use or any other matter; (iii) stating whether the permitted use to be for a period or without limit of period, and, if for a period, the duration thereof; and (c) such further documents or other evidence as may be required by the Registrar or as may be prescribed. (2) Where the requirement of sub-section (1) have been complied with, the Registrar shall register the proposed registered user. (3) The Registrar shall issue notice in the prescribed manner of the registration of a person as a registered user to other registered users of the layout-design, if any. (4) The Registrar shall, if so requested by the applicant, take steps of securing that information given for the purposes of an application under this section (other than matters entered in the register) is not disclosed to rivals in trade. (1) Any person claiming to be the creator of a layout-design, who
is desirous of registering it, shall apply in writing to the Registrar in the prescribed manner for the
registration of his layout-design.
(2) Every application under sub-section (1) shall be filed in the office of the Semiconductor Integrated Circuits Layout-Design Registry within whose territorial limits the principal place of business in India of the applicant or in the case of joint application the principal place of business in India of the applicant whose name is first mentioned in the application, as having a place of business in India, is situate: Provided that, where the applicant or any of the joint applicant does not carry on business in India, the application shall be filed in the office of the Semiconductor Integrated Circuits Layout-Design Registry within whose territorial limits the place mentioned in the address for service in India as disclosed in the application is situate. (3) Subject to the provisions of this Act, the Registrar may refuse the application or may accept it absolutely or subject to such amendments or modifications, as he may think fit. (1) A layout-design--
(a) which is not original; or (b) which has been commercially exploited anywhere in India or in a convention country; or (c) which is not inherently distinctive; or (d) which is not inherently capable of being distinguishable from any other registered layoutdesign, shall not be registered as a layout-design: Provided that a layout-design which has been commercially exploited for not more than two years from the date on which an application for its registration has been filed either in India or in a convention country shall be treated as not having been commercially exploited for the purposes of this sub-section. (2) A layout-design shall be considered to be original if it is the result of its creator's own intellectual efforts and is not commonly known to the creators of layout-designs and manufacturers of semiconductor integrated circuits at the time of its creation: Provided that a layout-design consisting of such combination of elements and interconnections that are commonly known among creators of layout-designs and manufacturers of semiconductor integrated circuits shall be considered as original if such combination taken as a whole is the result of its creator's own intellectual efforts. (3) Where an original layout-design has been created in execution of a commission or a contract of employment, the right of registration to such layout-design under this Act shall belong, in the absence of any contractual provision to the contrary, to the person who commissioned the work or to the employer. (1) When an application for registration of a layout-design has
been accepted, the Registrar shall, within fourteen days after the date of acceptance, cause the application
as accepted to be advertised in the prescribed manner.
(2) Where after advertisement of an application-- (a) an error in the application has been corrected; or (b) the application has been permitted to be amended under section 12, the Registrar may in his discretion cause the application to be advertised again or, in any case falling under clause (b), may, instead of causing the application to be advertised again, notify in the prescribed manner the correction or amendment made in the application. (1) A registered layout-design is infringed by a person who,
not being the registered proprietor of the layout-design or a registered user thereof,--
(a) does any act of reproducing, whether by incorporating in a semiconductor integrated circuit or otherwise, a registered layout-design in its entirety or any part thereof, except such act of reproducing any part thereof which is not original within the meaning sub-section (2) of section 7; (b) subject to the provisions of sub-section (5), does any act of importing or selling or otherwise distributing for commercial purposes a registered layout-design or a semiconductor integrated circuit incorporating such registered layout-design or an article incorporating such a semiconductor integrated circuit containing such registered layout-design for the use of which such person is not entitled under this Act. (2) Notwithstanding anything contained in section 17, sub-section (1) or sub-section (5), the performance of the act of reproduction referred to in clause (a) of sub-section (1), where such act is performed for the limited purposes of scientific evaluation, analysis, research or teaching, shall not constitute act of infringement within the meaning of that clause. (3) Where a person, on the basis of scientific evaluation or analysis of a registered layout-design, creates another layout-design which is original within the meaning of sub-section (2) of section 7, that person shall have the right to incorporate such another layout-design in a semiconductor integrated circuit or to perform any of the acts referred to in sub-section (1) or sub-section (5) in respect of such another layout-design and such incorporation or performance of any act shall not be regarded as infringement within the meaning of sub-section (1). (4) Where a layout-design is created by the process of scientific evaluation or analysis of the registered layout-design as referred to in sub-section (3), the use of such layout-design by the proprietor of such registered layout-design shall be regarded as infringement within the meaning of sub-section (1) after the date of registration of such layout-design under this Act. (5) Notwithstanding anything contained in clause (b) of sub-section (1), the performance of any of the acts referred to in that clause by a person shall not be regarded as infringement within the meaning of that clause if such act is performed or directed to be performed in respect of a semiconductor integrated circuit incorporating a registered layout-design or any article incorporating such a semiconductor integrated circuit where such person does not possess any knowledge or has no reasonable ground to know while performing or directing to be performed such act in respect of such semiconductor integrated circuit or article that it incorporated a registered layout-design but after the time when such person has received notice of such knowledge, he may continue to perform or directing to be performed such act in respect of the stock on hand or ordered before such time and, then, he shall be liable to pay the proprietor of the registered layout-design a sum by way of royalty to be determined by negotiation between registered proprietor of the registered layout-design and that person or by the Appellate Board having regard to the benefit accrued to such person by performing or directing to be performed such act in respect of such semiconductor integrated circuit or article, as the case may be. (6) Where any other person purchases a semiconductor integrated circuit incorporating a registered layout-design or any article incorporating such a semiconductor integrated circuit referred to in sub-section (5) from a person referred to in that sub-section, then, such other person shall be entitled to the immunity from infringement in respect of that semiconductor integrated circuit or article, as the case may be, to the extent and in the manner as if the word person referred in that sub-section includes the word any other person referred in this sub-section. (7) Nothing contained in clause (b) of sub-section (1) shall be construed as constituting an act of infringement where any person performs any of the acts specified in that clause with the written consent of the registered proprietor of a registered layout-design or within the control of the person obtaining such consent, or in respect of a registered layout-design or a semiconductor integrated circuit incorporating a registered layout-design or any article incorporating such a semiconductor integrated circuit, that has been put on the market by or with the consent of the registered proprietor of such registered layout-design. (8) Notwithstanding anything contained in this Act, where any person by application of independent intellect has created a layout-design which is identical to a registered layout-design, then, any act of such person in respect of the layout-design so created shall not be the infringement of the registered layoutdesign. (1) Any person may, within three months from the date of the
advertisement or re-advertisement of an application for registration or within such further period, not
exceeding one month in the aggregate, as the Registrar, on application made to him in the prescribed
manner and on payment of the prescribed fee, allows, give notice in writing in the prescribed manner to
the Registrar of opposition to the registration.
(2) The Registrar shall serve a copy of the notice on the applicant for registration and, within two months from the receipt by the applicant of such copy of the notice of opposition, the applicant shall send to the Registrar in the prescribed manner a counter-statement of the grounds on which he relies for his application and if he does not do so, he shall be deemed to have abandoned his application. (3) If the applicant sends such counter-statement, the Registrar shall serve a copy thereof on the person giving notice of opposition. (4) Any evidence upon which the opponent and the applicant may rely shall be submitted in the prescribed manner and within the prescribed time to the Registrar, the Registrar shall give an opportunity to them to be heard, if they so desire. (5) The Registrar shall, after hearing the parties, if so required, and considering the evidence, decide, after taking into account any ground of objection whether relied upon by the opponent or not. (6) When a person giving notice of opposition or an applicant sending a counter-statement after receipt of a copy of such notice neither resides nor carries on business in India, the Registrar may require him to give security for the costs of proceedings before him and, in default of such security being duly given, may treat the opposition or application, as the case may be, as abandoned. (1) Subject to the provisions of section 9, when an application for the registration
of the layout-design has been accepted and either--
(a) the application has not been opposed and time for notice of opposition has expired; or (b) the application has been opposed and the opposition has been decided in favour of the applicant, the Registrar shall register the said layout-design in the register and the layout-design shall be registered as of the date of the making of the said application and that date shall be deemed to be the date of registration. (2) On the registration of a layout-design, the Registrar shall issue to the applicant a certificate in the prescribed form of the registration thereof sealed with the seal of the Semiconductor Integrated Circuits Layout-Design Registry. (3) Where registration of a layout-design is not completed within twelve months from the date of the application by reason of default on the part of the applicant, the Registrar may, after giving notice to the applicant in the prescribed manner, treat the application as abandoned unless it is completed within the time specified in that behalf in the notice. (4) The Registrar may amend the register or a certificate of registration for the purpose of correcting a clerical error or an obvious mistake. Section
22
:
Conditions for assignment otherwise than in connection with the goodwill of a business.
Where an assignment of a registered layout-design is made otherwise than in connection with the
goodwill of business in which such layout-design has been or is used, the assignment shall not take effect unless the assignee, not later than the expiration of six months from the date on which the assignment is
made or within such extended period, if any, not exceeding three months in the aggregate, as the Registrar
may allow, apply to the Registrar for directions with respect to the advertisement of the assignment, and
advertises it in such form and manner and within such period as the Registrar may direct.
(1) Without prejudice
to the provisions of section 30, the registration of a person as registered user--
(a) may be cancelled by the Registrar on application in writing in the prescribed manner of the registered proprietor or of the registered user or of any other registered user of the layout-design; (b) may be cancelled by the Registrar on the application in writing in the prescribed manner of any person on any of the following grounds, namely:-- (i) that the registered user has used the layout-design otherwise than in accordance with the agreement under clause (a) of sub-section (1) of section 25; (ii) that the proprietor or the registered user misrepresented, or failed to disclose, some fact material to the application for registration which if accurately represented or disclosed would not have justified the registration of the registered user; (iii) that the circumstances have changed since the date of registration in such a way that at the date of such application for cancellation they would not have justified registration of the registered user; (iv) that the registration ought not to have been effected having regard to right vested in the applicant by virtue of a contract in the performance of which he is interested; (c) may be cancelled by the Registrar on his own motion or on the application in writing in the prescribed manner by any person on the ground that any stipulation in the agreement between the registered proprietor and the registered user regarding the topographical dimensions of the layout design is either not being enforced or is not being complied with; (d) may be cancelled by the Registrar if the layout-design is no longer registered. (2) The Registrar shall issue notice in the prescribed manner in respect of every application under this section to the registered proprietor and each registered user (not being the applicant) of the layout-design. (3) The procedure for cancelling a registration shall be such as may be prescribed: Provided that before cancelling of registration, the registered proprietor shall be given a reasonable opportunity of being heard. (1) Any person aggrieved by the absence or omission from the
register of any entry, or by any entry made in the register without sufficient cause, or by any entry
wrongly remaining on the register, or by any error or defect in any entry in the register, may apply in the
prescribed manner to the Appellate Board or to the Registrar, and the Appellate Board or the Registrar, as
the case may be, may make such order for making, expunging or varying the entry as it may think it.
(2) The Appellate Board or the Registrar may in any proceedings under this section decide any question that may be necessary or expedient to decide in connection with the rectification of the register. (3) The Appellate Board or the Registrar, of its own motion, may, after giving notice in the prescribed manner to the parties concerned and after giving them an opportunity of being heard, make any order referred to in sub-section (1). (4) Any order of the Appellate Board rectifying the register shall direct that notice of the rectification shall be served upon the Registrar in the prescribed manner who shall upon receipt of such notice, rectify the register accordingly. (1) The Registrar may, on application made in the prescribed manner by
the registered proprietor,--
(a) correct any error in the name, address or description of the registered proprietor of a layoutdesign, or any other entry relating to the layout-design; (b) enter any change in the name, address or description of the person who is registered as proprietor of a layout-design; (c) cancel the entry of a layout-design on the register, and may make any consequential amendment or alteration in the certificate of registration, and for that purpose, may require the certificate of registration to be produced to him. (2) The Registrar may, on application made in the prescribed manner by a registered user of a layoutdesign, and after notice to the registered proprietor, correct any error, or enter any change in the name, address or description of the registered user. (1) The registered proprietor of a
registered layout-design may make an application to the Appellate Board for determination of royalty
under sub-section (5) of section 18.
(2) Every application under sub-section (1) shall be in such form and be accompanied by such affidavits, documents or any other evidence and by such fee in respect of the filing of such application and by such other fees for the service or execution of processes as may be prescribed. (3) On receipt of an application under sub-section (1), the Appellate Board shall, after giving notice to the opposite party to file opposition within the prescribed time and manner and after giving opportunity of being heard to the applicant and the opposite party, dispose of the application. (4) An order or decision made by the Appellate Board in disposing of the application under subsection (3) shall be executable by a civil court having local jurisdiction as if it were a decree made by that court. (1) Any person aggrieved by an order or decision of the Registrar
under this Act, or the rules made thereunder may prefer an appeal to the Appellate Board within three
months from the date on which the order or decision sought to be appealed against is communicated to
such person preferring the appeal.
(2) No appeal shall be admitted if it is preferred after the expiry of the period specified under subsection (1): Provided that an appeal may be admitted after the expiry of the period specified therefor, if the appellant satisfies the Appellate Board that he had sufficient cause for not preferring the appeal within the specified period. (3) An appeal to the Appellate Board shall be in the prescribed form and shall be verified in the prescribed manner and shall be accompanied by a copy of the order or decision appealed against and by such fees as may be prescribed. (1) Any person may make an application, in the
prescribed form accompanied by prescribed fee, to the Appellate Board for cancellation of the registration
of a layout-design registered under this Act or registration of assignment or transmission relating thereto,
as the case may be, on the ground that--
(a) in the case of the registration of a layout-design, the layout-design is prohibited for being registered under section 7; or (b) in the case of the registration of assignment or transmission relating to a registered layoutdesign, such assignment or transmission is contrary to any provision of the law for the time being in force. (2) The Appellate Board shall, on receipt of an application under sub-section (1), give notice to the opposite parties in the prescribed manner and after giving them an opportunity of being heard, make such order as it may deem fit regarding cancellation of registration: Provided that where the ground of cancellation has been established with respect only to a part of a layout-design, the Board shall cancel only such part and the remaining part of the layout-design if capable of performing as a semiconductor integrated circuit shall be retained as registered on the register in the name of the registered proprietor of such layout-design. (3) Any cancellation of the registration of a layout-design either in whole or in part under sub-section (2) shall be deemed to be effective on the date from which the period of ten years referred to in section 15 is countable in respect of that layout-design. (4) The Appellate Board shall, without delay after making any order of cancellation under sub-section (2), send a copy of such order to the Registrar who shall correct the register to give effect to such order. (1) An application
for rectification of the register made to the Appellate Board under section 30 shall be in such form as may
be prescribed.
(2) A certified copy of every order or judgment of the Appellate Board relating to a registered layoutdesign under this Act shall be communicated to the Registrar by the Board and the Registrar shall give effect to the order of the Board and shall, when so directed, amend the entries in, or rectify, the register in accordance with such order. (1) Any person aggrieved by any decision or order of the Appellate Board under this
Act may, within the prescribed period appeal to the High Court within whose the jurisdiction of head
office or the branch office of the Semiconductor Integrated Circuits Layout-Design Registry against the
decision or order of which the appeal arises is situated.
(2) Every such appeal shall be preferred by petition in writing and shall be in such form and shall contain such particulars as may be prescribed. (3) Subject to the provisions of this Act and the rules made thereunder, the provisions of the Code of Civil Procedure, 1908 (5 of 1908) shall apply to appeals before a High Court under this Act. (1) Notwithstanding anything contained in this
Act, the Appellate Board may on an application made in the prescribed manner before it on behalf of the
Government or by any person authorised by the Government and after giving notice of such application to
the registered proprietor of a layout-design and providing the opportunity of being heard to the parties
concerned permit the use of such registered layout-design by the Government or by such person so
authorised, as the case may be, subject to any or all of the following conditions as the Board deems fit
under the circumstances of such use, namely:--
(a) that the use of the layout-design shall be for non-commercial public purposes or for the purposes relating to national emergency or of extreme public urgency; (b) that the duration of the use of the layout-design shall be limited for a period specified by the Board. (c) that the use of the layout-design shall be non-assignable and non-transmissible; (d) that the use of the layout-design shall be to the extent which the Board deems necessary to remedy the anti-competitive practice; (e) that the use of the layout-design shall be predominantly for the supply of semiconductor integrated circuits or articles incorporating semiconductor integrated circuits in domestic market of India: Provided that Board shall not permit the use of a registered layout-design, by any such person authorised by the Government, under this sub-section unless the Board is satisfied that such person so authorised has made efforts to enter into agreement with the registered proprietor of such layout-design on reasonable commercial terms and conditions for permitted use of such layout-design and such efforts had not been successful within prescribed period: Provided further that the first proviso shall not be applicable in a case where the person so authorised produces to the Board a certificate issued by the Government to the effect that such use is required due to national emergency or any other circumstances which the Government considers to be of extreme urgency or of public non-commercial use. (2) The Appellate Board shall, while granting the permission for the use of a registered layout-design under sub-section (1), determine the amount of royalty to be paid by the Government or the person authorised by the Government, as the case may be, to the registered proprietor of such layout-design for such permitted use. (3) The Appellate Board may, on the application of the registered proprietor of a layout-design referred to in sub-section (1), may review the permission granted under that sub-section and, after giving notice and opportunity of hearing to the parties concerned in the prescribed manner, cancel or amend such permission if the Board is satisfied that any of the conditions subject to which the permission was granted has not been observed or the circumstances which led to the granting of such permission has ceased to exist or substantially altered. Where, by or under this Act, any act, other then the making of an affidavit, is required
to be done before the Registrar by any person, the act may, subject to the rules made in this behalf, be
done, instead of by that person himself, by a person duly authorised in the prescribed manner, who is--
(a) a legal practitioner, or (b) a person registered in the prescribed manner as a layout-design agent, or (c) a person in the sole and regular employment of the principal. In all proceedings under this Act before the Registrar,--
(a) the Registrar shall have all the powers, of a civil court for the purposes of receiving evidence, administering oaths, enforcing the attendance of witnesses, compelling the discovery and production of documents and issuing commissions for the examination of witnesses; (b) the Registrar may, subject to any rules in this behalf, made under section 96 make such orders as to costs as he considers reasonable, and any such order shall be executable as decree to a civil court; (c) the Registrar may, on an application made in the prescribed manner, review his own decision. (1) A copy of any
entry in the register or of any document referred to in sub-section (1) of section 87 purporting to becertified by the Registrar and sealed with the seal of the Semiconductor Integrated Circuits Layout-Design
Registry shall be admitted in evidence in all courts and in all proceedings without further proof or
production of the original.
(2) A certificate purporting to be under the hand of the Registrar as to any entry, matter or thing that he is authorised by this Act or the rules to make or do shall be prima facie evidence of the entry having been made, and of the contents thereof, or of the matter or things having been done or not done. (1) If the Registrar is satisfied, on application made to him in the prescribed
manner and accompanied by the prescribed fee, that there is sufficient cause for extending the time for
doing any act (not being a time expressly provided in the Act), whether the time so specified has expired
or not, he may, subject to such conditions as he may think fit to impose, extend the time and inform the
parties accordingly.
(2) Nothing in sub-section (1) shall be deemed to require the Registrar to hear the parties, before disposing of an application for extension of time and no appeal shall lie from any order of the Registrar under this section. There shall be kept under the direction and supervision of the Registrar--
(a) an index of registered layout-designs, (b) an index of layout-designs in respect of which applications for registration are pending. (c) an index of the names of the proprietors of registered layout-designs, and (d) an index of the names of registered users. (1) The Registrar may, on application made to him in the
prescribed manner by any person who proposes to apply for the registration of a layout-design, give
advice as to whether the layout-design appears to him prima facie to be original.
(2) If, on an application for the registration of a layout-design as to which the Registrar has given advice as aforesaid in the affirmative made within three months after the advice was given, the Registrar, after further investigation or consideration, gives notice, to the applicant of objection on the ground that the layout-design is not original, the applicant shall be entitled, on giving notice of withdrawal of the application within the prescribed period, to have repaid to him any fee paid on the filing of the application. (1) Save as otherwise provided in sub-section (4) of
section 25,--
(a) the register and any document upon which any entry in the register is based; (b) every notice of opposition to the registration of a layout-design application for rectification before the Registrar, counter-statement thereto, and any affidavit or document filed by the parties in any proceedings before the Registrar; and (c) the indexes mentioned in section 86 and such other documents as the Central Government may, by notification in the Official Gazette, specify; shall, subject to such conditions as may be prescribed, be open to public inspection at the Semiconductor Integrated Circuits Layout-Design Registry. (2) Any person may, on an application to the Registrar and on payment of such fees as may be prescribed, obtain a certified copy of any entry in the register or any document referred to in sub-section (1). With a view to the fulfilment of a treaty, convention or arrangement
with any country outside India which affords to citizens of India similar privileges as granted to its own
citizens, the Central Government may, by notification in the Official Gazette, specify such country to be a
convention country for providing the citizens of such convention country the similar privileges as granted
to the citizens of India under this Act.
Explanation.--For the purposes of this section "country" includes any group of countries or union of countries or inter-governmental organisation and the expression "convention country" shall be construed accordingly. |
