Integrated circuits, also referred to as chips or micro-chips, are electronic devices in which all components have been arranged in a specific sequence on a thin layer of semiconductor material, typically silicon.
Developing a new layout design typically requires a large financial and time investment from highly qualified professionals, whereas copying a layout design may only cost a small fraction of the initial investment. To protect layout designs from unauthorized copying and to incentivize investment in the field, integrated circuits’ layout design is subject to protection under an autonomous intellectual property system.
What is a protected layout design
A protected layout design is an original layout design, expressed in any form, that has not been used commercially for more than two years from the date on which the application for registration was filed, that is distinctive in nature and can be distinguished from any registered layout design, and that is protected.
Who can apply
The application for layout design protection may be submitted to the registry in writing by the person claiming to be the originator of the design, his representative, a registered layout design agent, or a person employed solely and regularly by the principal.
The application may be made individually or in combination. The application must be submitted within the geographical area in which the applicant’s principal business location is located in India.
Procedure for registration:
- Filing of application in writing to the registrar in the office of SICLD registry in a prescribed form along with 3 sets of drawings produced to the plotter which describes the layout design and 3 sets of photographs of masks used for the fabrication of the semiconductor integrated circuits by using of the layout design or drawings which describes the pattern of such masks.
- Acceptance of the application with acknowledgement by way of returning one copy of the application. The registrar can also withdraw the acceptance if the application is found to be prohibited for registration.
- The application is advertised in a prescribed manner within 14 days of acceptance of layout design application. If any opposition is found to the registration, then a notice is sent to the registrar in the prescribed manner within 3 months from the date of advertisement. The registrar can call for evidences to be produced by both the parties and finally give his decision.
- If the application is not opposed or the opposition has been decided in favour of the applicant, the registrar shall register the said layout design in the register of layout design and also issue a certificate sealed with the seal of the SICLD Registry.
Duration of Registration
The registration of the layout design shall be only for the period of 10 years counted from the date of filing an application for registration or from the date of first commercial exploitation anywhere in any country, whichever is earlier.
Adjudicating Authority
The Government of India appoints a person to be known as a registrar of the SICLD. He has both administrative and legal powers. Any person aggrieved by an order or decision of the Registrar may file an appeal to the Layout Design Appellate Board. The procedure and powers of the Appellate Board are that of a civil court as given under the Civil Procedure Code, 1908. If any person is not satisfied by any decision or order of the Appellate Board may file an appeal to the High Court within prescribed period and in a prescribed manner.
Our team of experienced attorneys understands the importance of protecting intellectual property assets and can help our clients navigate the complex legal landscape of semiconductor integrated circuit layout design registration and protection in India. We work closely with our clients to understand their needs and goals and provide them with the expert guidance and support they need to succeed.
To ensure that our clients’ GIs are protected, we are committed to providing them with the best possible services and protection.
Who can Apply:
To apply for GIs in India, any statutory association, producer, organization, or authority may do so, and the applicant must represent the interests of the producer only.
- Agro-Industrial Goods, including the manufacturing, processing, marketing or dealing of goods;
- Natural Goods, including exploitation, marketing or marketing; Handicrafts,
- Industrial Goods, including the production, manufacturing, marketing or marketing of goods;
Filing Requirements
To register a Geographical Indication (GI), the application must adhere to the criteria and requirements set forth by the GI Rules. The goods associated with the GI are categorized based on the International Classification of Goods (ICG). This classification system helps in organizing and registering GIs based on the specific categories to which they belong.
Prosecution
After the submission of the GI registration application, the GI Registry will conduct an examination and may seek input from a panel of experts to verify technical details. Once the examination is complete, an Examination report will be issued to the applicant, who must respond accordingly. If the registrar is satisfied with the response, the application will be accepted and published in the GI Journal. However, if the applicant fails to respond within two months, the application will be considered rejected. In such cases, the applicant may file an appeal within one month, depending on the circumstances.
Opposition
Any interested party has the right to oppose the registration of a geographical indication by sending a written notice to the registrar within three months of the application’s publication in the Official Journal of the European Union. The applicant is then required to submit a counter statement within two months, providing the grounds for their application. Subsequently, the opponent has two or three months to present supporting evidence for their claims. After completion of the evidence phase, the registrar will provide both parties with one month’s notice before conducting a hearing. Based on the claims and evidence presented, the registrar will decide whether to grant the geographical indication registration.
Registration & Renewal:
- The registration of a Geographical Indications (GIs) grants exclusive rights to Registered Proprietors and Authorised Users in respect of the goods for which the GI is registered.
- These rights include the right to obtain relief in the event of an infringement of the GI, exclusive rights to use the GI in connection with the goods for which it is registered, and the right to have correspondence and equal rights with two or more authorised users.
- The validity of the GI is for a period of 10 years and may be renewed periodically.
At iCorp Legal, we specialize in assisting clients with the registration and protection of Geographical Indications (GIs) in India. Our experienced team conducts thorough research to evaluate the eligibility of our clients’ products for GI registration. We handle the entire application process, ensuring accurate and timely submission. Additionally, we provide comprehensive guidance on safeguarding and enforcing GI rights, helping our clients protect their valuable assets.
At ICL, we prioritize building strong and collaborative relationships with our clients. We take the time to truly understand their unique needs and goals. Our dedicated team of experienced attorneys specializes in the complex legal aspects of Geographical Indications (GI) registration and protection in India. With our expertise, we provide reliable guidance and support to our clients, ensuring they have the necessary information to make informed decisions regarding their GI products. We are committed to delivering exceptional service and assisting our clients in achieving their objectives.
