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Semiconductor IC Layout Protection

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FAQs: Semi-Integrated Layout Circuits

A Semiconductor Integrated Circuit refers to a product that contains transistors and other circuit elements, which are inseparably formed on a semiconductor material, an insulating material, or inside the semiconductor material itself. The purpose of these elements is to perform an electronic circuitry function.

The layout-design of a semiconductor integrated circuit refers to the arrangement of transistors and other circuit elements, including the lead wires that connect such elements. This layout can be expressed in any manner within the semiconductor integrated circuits.

A layout design must meet the following criteria to be eligible for registration:

  1. Original
  2. Not commercially exploited anywhere in India or in any convention/reciprocal country
  3. Inherently distinctive
  4. Inherently capable of being distinguishable from any other registered layout design.

No. Only the layout-design, which is essentially the mask layout and floor planning of the integrated circuits, can be registered under the SICLD Act, 2000. Other information such as ideas, procedures, processes, systems, programs stored in the integrated circuit, and methods of operation cannot be registered.

The SICLD Act grants the registered proprietor of the layout-design the exclusive right to use the layout-design, commercially exploit it, and seek relief in the event of any infringement.

The duration of registration is 10 years, counted from the date of filing the application for registration or from the date of first commercial exploitation, whichever is earlier. The date of first commercial exploitation may be anywhere in India, in any convention country, or any country specified by the Government of India.

Any person(s) who:

  1. Is the creator of a layout design and wishes to register it
  2. Is an Indian national or a national of a country outside India that grants Indian citizens similar privileges as granted to its own citizens in respect of registration and protection of layout-designs
  3. Has a principal place of business in India or, if not, has a place of service in India

Yes, a person who creates an original layout-design based on scientific evaluation or analysis of a registered layout-design can register it under the Act, provided the new layout-design is original, created through intellectual efforts, and meets the criteria of registrability under the law.

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