FAQs on Semiconductor Integrated Circuits Layout-Design

What is Semiconductor Integrated Circuits?

In India, Semiconductor Integrated Circuits Layout-Design is governed under THE SEMICONDUCTOR INTEGRATED CIRCUITS LAYOUT-DESIGN ACT, 2000 (ACT NO. 37 OF 2000). According to Section 2(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.

What is layout-design?

According to Section 2(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.

What are the grounds under which registration of layout-designs is prohibited in India?

According to Section 7 of the Act, certain layout-designs are prohibited from registration—(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 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.

What is the term of protection for layout-design in India?

According to Section 15 of the Act, the registration of a layout-design shall be only for a period of ten years counted from the date of filing an application for registration or from the date of first commercial exploitation anywhere in India or in any country whichever is earlier.

Suggested readings:

The Semiconductor Integrated Circuits Layout-Design Act, 2000

The Semiconductor Integrated Circuits Layout Design Rules 2001

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