Explain in brief the conditions and procedure for registration of Layout-Design of Integrated Circuits under the Semiconductor Integrated Circuits Layout Design Act, 2000 ?

Layout Designs (topographies) of Integrated Circuits is a subject in the field of protection of Intellectual Property. Integrated circuits which are commonly known as 'chips' or 'micro-chips are the electronic circuits in which all the components (transistors, diodes and resistors) have been assembled in a certain order on the surface of a thin semiconductor material (usually silicon). In compliance with the TRIPS Agreement, India has enacted the Semiconductor Integrated Circuits Layout- Designs Act, 2000 in order to provide protection to layout designs of integrated circuits. The Act defines "Layout Design" to mean 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. Conditions and Procedure for Registration Acceptance of Application Any person who wants to register his layout-design is required to apply in writing to the Registrar Semiconductor Integrated Circuits Layout-Design Registry in the concerned modifications, as he may consider necessary. territorial jurisdiction, as per the procedure prescribed in the SICLD Act, 2000. The Registrar after scrutiny may refuse the application or may accept it absolutely or with amendments or modifications, as he may consider necessary. Layout designs are registered if they are "(i) Original, (ii) inherently distinctive, (iii) capable of being distinguishable from any other registered layout-design and (iv) if they have not been commercially exploited for more than two years before date of application for registration". Thus, it is observed that the act requires distinction rather than novelty for the purpose of registration. A layout-design is a combination of elements and interconnection that are commonly known amongst creator of layout-designs and manufacturers of semi-conductor integrated circuits. The layout-designs and thereby only considered original if the combination is a result of the creators own intellectual abilities and efforts. The SICLD Act, 2000 prohibits the registration of certain Layout designs. Layout design which is not original is prohibited. Similarly, the registration of layout design which has been commercially exploited anywhere in India or a convention country has been prohibited. Layout design which is not inherently distinctive or which is not inherently capable of being distinguishable from any other registered layout-design also cannot be registered. The Act however, provides 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 a convention country shall be considered as not having been commercially exploited. According to SICLD Act, 2000, layout-design is to be considered as original if it is the result of its creator's 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. The Act further provides 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 intellectual efforts. Furthermore, this Act provides that 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 shall belong, in the absence of any contractual provision to the contrary, to the person who commissioned the work or to the employer. As per provisions of SICLD Act, 2000, the Registrar has the power to withdraw the acceptance of an application for registration (before registration of layout design) if it comes to his knowledge that the layout-design is prohibited of registration under the provisions of this Act. The Registrar may however, provide the opportunity of being heard to the applicant if he so desires, before the withdrawal of the acceptance. According to the SICLD Act, 2000, Registrar shall register the layout-design in the register, if the application has not been opposed within the prescribed time limit or the application has been opposed and the opposition has been decided for the applicant. The date of making the application is considered to be the date of registration of layout-design. After registration, the Registrar issues certificate of registration sealed with the seal of the Semiconductor Integrated Circuits Layout-Design Registry. Registration gives exclusive rights to the creator of layout-design for 10 years. It enables him to exploit the creation commercially and in the case of infringement, get reliefs permitted under the Act. Once the layout design is registered, the original registration and all subsequent assignments and transmissions of layout-design are admissible as a prima facie evidence of its validity. It cannot be held invalid on the ground that it was not a registerable layout design except upon evidence of originality and if such evidence was not submitted to the Registrar before. The Act confer all the powers of a civil court to the Registrar for the purposes of receiving evidence, administering oaths, enforcing the attendance of witnesses compelling the discovery and production of documents and issuing commissions for examination the of witnesses. It can also refer disputes to the Appellate Board.