#THE SEMICONDUCTOR INTEGRATED CIRCUITS LAYOUT-DESIGN ACT, 2000 
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##ARRANGEMENT OF SECTIONS 
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##CHAPTER I 

PRELIMINARY 

SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 

##CHAPTER II 

THE REGISTER AND CONDITIONS OF REGISTRATION 

3.  Registrar of Semiconductor Integrated Circuits layout-design. 
4.  Power of Registrar to transfer pending matters. 
5.  Registry. 
6.  Register of Layout-Designs. 
7.  Prohibition of registration of certain layout-designs. 

##CHAPTER III 

PROCEDURE FOR AND DURATION OF REGISTRATION 

8.  Application for registration. 
9.  Withdrawal of acceptance. 
10.  Advertisement of application. 
11.  Opposition to registration. 
12.  Correction and amendment. 
13.  Registration. 
14.  Jointly owned layout-design. 
15.  Duration of registration. 

##CHAPTER IV 

EFFECT OF REGISTRATION 

16.  No action of infringement of unregistered layout-design. 
17.  Rights conferred by registration. 
18.  Infringement of layout-design. 
19.  Registration to be prima facie evidence of validity. 

##CHAPTER V 

ASSIGNMENT AND TRANSMISSION 

SECTIONS 

20.  Power of Registered Proprietor to assign and give receipts. 
21.  Assignability and transmissibility of registered layout-design. 
22.  Conditions for assignment otherwise than in connection with the goodwill of a business. 
23.  Registration of assignments and transmissions. 

##CHAPTER VI 

USE OF LAYOUT-DESIGN AND REGISTERED USERS 

24.  Registered users. 
25.  Registration as registered user. 
26.  Power of Registrar for cancellation of registration as registered user. 
27.  Power of Registrar to call for information relating to agreement in respect of registered users. 
28.  Right of registered user to take proceedings against infringement. 
29.  Registered user not to have right of assignment or transmission. 

##CHAPTER VII 

RECTIFICATION AND CORRECTION OF THE REGISTER 

30.  Power to rectify the register. 
31.  Correction of register. 

##CHAPTER VIII 

APPELLATE BOARD 

32.  Establishment of Layout-Design Appellate Board. 
33.  Composition of Appellate Board. 
34.  Qualifications for appointment as Chairperson, Vice-Chairperson, or other Members. 
35.  Term of office of Chairperson, Vice-Chairperson and Members. 
36.  Vice-Chairperson or senior-most Member to act as Chairperson or discharge his function in 
certain circumstances.
37.  Salaries, allowances and other terms and conditions of service of Chairperson, Vice-Chairperson 
and other Members. 
38.  Resignation and removal. 
39.  Staff of Appellate Board. 
40.  Application to the Appellate Board to determine royalty. 
41.  Power of the Board to cancel registration. 
42.  Appeal to Appellate Board. 
43.  Procedure and powers of Appellate Board. 
44.  Bar of jurisdiction of courts, etc. 
45.  Bar to appear before Appellate Board. 
46.  Conditions as to making of interim order. 

SECTIONS 

47.  Power of Chairperson to transfer cases from one Bench to another. 
48.  Procedure for application for rectification, etc., before Appellate Board. 
49.  Appearance of Registrar in legal proceedings. 
50.  Registrar to refer certain disputes to the Board. 
51.  Power of the Board to permit certain uses. 
52.  Costs of Registrar in proceedings before Appellate Board. 
53.  Appeal. 
54.  Powers of High Courts to make rules. 
55.  Transitional provisions. 

##CHAPTER IX 

OFFENCES, PENALTIES AND PROCEDURE 

56.  Penalty for infringement of layout-design. 
57.  Penalty for falsely representing a layout-design as registered. 
58.  Penalty for improperly describing a place of business as connected with the Semiconductor 
Integrated Circuits Layout-Design Registry.
59.  Penalty for falsification of entries in the register. 
60.  Forfeiture of goods. 
61.  Exemption of certain persons employed in ordinary course of business. 
62.  Procedure where invalidity of registration is pleaded by the accused. 
63.  Offences by companies. 
64.  Cognizance of certain offences. 
65.  Costs of defence or prosecution. 
66.  Information as to commission of offence. 
67.  Punishment of abetment in India of acts done out of India. 

##CHAPTER X 

MISCELLANEOUS 

68.  Protection of security of India. 
69.  Protection of action taken in good faith. 
70.  Certain persons to be public servants. 
71.  Implied warranty on sale of layout-design, etc. 
72.  Powers of Registrar. 
73.  Exercise of discretionary power by Registrar. 
74.  Evidence before Registrar. 
75.  Death of party to a proceeding. 
76.  Extention of time. 
77.  Abandonment. 
78.  Preliminary advice by the Registrar. 
79.  Registered user to be impleaded in certain proceedings. 
80.  Evidence of entries in register, etc., and things done by the Registrar. 
81.  Registrar and other officers not compellable to produce register, etc. 
82.  Certificate of validity. 

SECTIONS 

83.  Address for service. 
84.  Agents. 
85.  Layout-design registered by an agent or representative without authority. 
86.  Indexes. 
87.  Documents open to public inspection. 
88.  Reports of Registrar to be placed before Parliament. 
89.  Fees and surcharge. 
90.  Savings in respect of Chapter IX. 
91.  Declaration as to ownership of layout-design not registerable under the Registration Act, 1908. 
92.  Government to be bound. 
93.  Convention countries. 
94.  Provision as to reciprocity. 
95.  Power of Central Government to remove difficulties. 
96.  Power to make rules. 

##THE SEMICONDUCTOR INTEGRATED CIRCUITS LAYOUT-DESIGN ACT, 2000 

##ACT NO. 37 OF 2000 

[4th September, 2000.]  

An Act to provide for the protection of semiconductor integrated circuits layout-designs and for 
matters connected therewith or incidental thereto. 

WHEREAS  the  Final  Act  embodying  the  results  of  the  Uruguay  Round  of  Multilateral  Trade 
Negotiations done at Marrakesh on the 15th day of April, 1994 provides for establishment of the World 
Trade Organisation;  

AND WHEREAS the Agreement on Trade Related Aspects of Intellectual Property Rights is part of the 
said Final Act;

AND WHEREAS the Government of India, having ratified the said Final Act, should, inter alia, make 
provisions  for  giving  effect  to  section  6  in  Part  II  of  the  Agreement  on  Trade  Related  Aspects  of 
Intellectual Property Rights relating to Layout-Design (Topographies) of Integrated Circuits.

BE it enacted by Parliament in the Fifty-first Year of the Republic of India as follows:— 

###CHAPTER I 

PRELIMINARY 

1.  Short  title,  extent  and  commencement.—(1)  This  Act  may  be  called  the  Semiconductor 
Integrated Circuits Layout-Design Act, 2000. 

(2) It extends to the whole of India. 

(3)  It  shall  come  into  force  on  such  date1  as  the  Central  Government  may,  by  notification  in  the 
Official Gazette, appoint; and different dates may be appointed for different provisions of this Act, and 
any reference in any such provision to the commencement of this Act shall be construed as a reference to 
the coming into force of that provision.

2. Definitions.—In this Act, unles the context otherwise requires,—

(a) “Appellate Board” means the Appellate Board established under section 32;
(b) “assignment” means an assignment in writing by act of the parties concerned;
(c) “Bench” means a Bench of the Appellate Board;
(d) “Chairperson” means the Chairperson of the Appellate Board;
(e)  “commercial  exploitation”,  in  relation  to  Semiconductor  Integrated  Circuits  Layout-Design, 
means  to  sell,  lease,  offer  or  exhibit  for  sale  or  otherwise  distribute  such  semiconductor  integrated 
circuit for any commercial purpose;
(f) “convention country” means a country notified as such under section 93;
(g) “Judicial Member” means a Member of the Appellate Board appointed as such under this Act, 
and  includes  the  Chairperson  or  such  Vice-Chairperson  who  possesses  any  of  the  qualifications 
specified in sub-section (3) of section 34;

1. 1st May, 2004 (Ss. 3 and 5), vide notification No. S.O. 278(E), dated 12th February, 2004, see Gazette of India, Extraordinary, 

Part II, sec. 3(ii). 
15th  January,  2014  (Ss.  93  and  94),  vide  notification  No.  S.O.  84(E),  dated  10th  January,  2014,  see  Gazette  of  India, 
Extraordinary, Part II, sec. 3(ii).
 
                                                           
(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; 

(i)  “Member”  means  a  Judicial  Member  or  a  Technical  Member  of  the  Appellate  Board  and 
includes the Chairperson and the Vice-Chairperson; 

(j)  “notify"  means  to  notify  in  the  Semiconductor  Integrated  Circuit  Journal  published  by  the 
Registrar; 

(k) “prescribed” means prescribed by rules made under this Act; 

(l) “register” means the Register of Layout-Designs referred to in section 6; 

(m) “registered” (with its grammatical variations) means registered under this Act; 

(n) “registered layout-design" means a layout-design which is actually on the register; 

(o)  “registered  proprietor”,  in  relation  to  a  layout-design,  means  the  person  for  the  time  being 
entered in the register as proprietor of the layout-design; 

(p) “registered user” means a person who is for the time being registered as such under section 
25; 

(q) “Registrar” means the Registrar of Semiconductor Integrated Circuits Layout-Design referred 
to in section 3; 

(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; 

(s) “Technical Member” means a Member of the Appellate Board who is not a Judicial Member 
and  includes  the  Chairperson  or  such  Vice-Chairperson  who  possesses  any  of  the  qualifications 
specified in sub-section (4) of section 34; 

(t)  “transmission”  means  transmission  by  operation  of  law,  devolution  on  the  personal 
representation of a deceased person or any other mode of transfer not being assignment; 

(u) “Vice-Chairperson” means the Vice-Chairperson of the Appellate Board; 

(v)  any  reference  to  the  Semiconductor  Integrated  Circuits  Layout-Design  Registry  shall  be 
construed  as  including  a  reference  to  any  office  of  the  Semiconductor  Integrated  Circuits  Layout-
Design Registry. 

###CHAPTER II 

THE REGISTER AND CONDITIONS OF REGISTRATION 

3. Registrar of Semiconductor Integrated Circuits Layout-Design.—(1) The Central Government 
may,  by  notification  in  the  Official  Gazette,  appoint  a  person  to  be  known  as  the  Registrar  of 
Semiconductor Integrated Circuits Layout-Design for the purposes of this Act. 

(2) The Central Government may appoint such other officers with such designation as it thinks fit for 
the purpose of discharging, under the superintendence and direction of the Registrar, such functions of the 
Registrar under this Act as he may from time to time authorise them to discharge. 

4.  Power  of  Registrar  to  transfer  pending  matters.—Without  prejudice  to  the  generality  of  the 
provisions  of  sub-section  (2)  of  section  3,  the  Registrar  may,  by  order  in  writing  and  for reasons  to  be 
recorded therein, withdraw any matter pending before an officer appointed under the said sub-section (2) 
and deal with such matter himself either de novo or from the stage it was so withdrawn or transferred the 
same to another officer so appointed who may subject to the special direction in the order of transfer deal 
with the matter either de novo or from the stage it was so transferred. 

5. Registry.—(1) For the purposes of this Act, there shall be established a Registry which shall be 
known as the Semiconductor Integrated Circuits Layout-Design Registry. 

(2) The head office of the Semiconductor Integrated Circuits Layout-Design Registry shall be at such 
place  as  the  Central  Government  may  specify  and  for  the  purposes  of  facilitating  the  registration  of 
layout-designs, there may be established, at such places as the Central Government may think fit, branch 
offices of the Semiconductor Integrated Circuits Layout-Design Registry. 

(3) The Central Government may, by notification in the Official Gazette, define the territorial limits 
within which an office of the Semiconductor Integrated Circuits Layout-Design Registry may exercise its 
functions. 

(4) There shall be seal of the Semiconductor Integrated Circuits Layout-Design Registry. 

6.  Register  of  Layout-Designs.—(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. 

7. Prohibition of registration of certain layout-designs.—(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, 

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. 

##CHAPTER III 

PROCEDURE FOR AND DURATION OF REGISTRATION 

8. Application for registration.—(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. 

9.  Withdrawal  of  acceptance.—Where  after  the  acceptance  of  an  application  for  registration  of 
layout-design, but before its registration, the Registrar is satisfied that the layout-design is prohibited of 
registration under section 7, the Registrar may, after hearing the applicant if he so desires, withdraw the 
acceptance and proceed as if the application had not been accepted. 

10. Advertisement of application.—(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. 

11.  Opposition  to  registration.—(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. 

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(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. 

12. Correction and amendment.—The Registrar may on such terms as he thinks just— 

(a) at any time, whether before or after acceptance of an application for registration under section 
8, permit the correction of any error in or in connection with the application or permit an amendment 
of the application; or 

(b)  permit  correction  of  any  error in,  or an  amendment  of, a  notice  of opposition  or  a  counter-

statement under section 11. 

13. Registration.—(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. 

14. Jointly owned layout-design.—(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. 

9 

 
 
15. Duration of registration.—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. 

CHAPTER IV 

EFFECT OF REGISTRATION 

16.  No  action  of  infringement  of  unregistered  layout-design.—No  person  shall  be  entitled  to 
institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered layout-
design. 

17. Rights conferred by registration.—Subject to the other provisions of this Act, the registration of 
a layout-design shall, if valid, give to the registered proprietor of layout-design the exclusive right to the 
use of the layout-design and to obtain relief in respect of infringement in the manner provided by this Act. 

 Explanation.—For  removal  of  doubts,  it  is  hereby  declared  that  the  rights  conferred  by  the 
registration  of  a  layout-design  shall  be  available  to  the  registered  proprietor  of  that  layout-design 
irrespective of the fact as to whether the layout-design is incorporated in an article or not. 

18.  Infringement  of  layout-design.—(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 

10 

 
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 layout-
design. 

19. Registration to be prima facie evidence of validity.—(1) In all legal proceedings relating to a 
layout-design registered under this Act (including application under section 30), the original registration 
of  the  layout-design  and  all  subsequent  assignments  and  transmissions  of  layout-design  shall  be  prima 
facie evidence of the validity thereof. 

(2) In all legal proceedings as aforesaid, a registered layout-design shall not be held to be invalid on 
the ground that it was not a registerable layout-design under section 7 except upon evidence of originality 
and that such evidence was not submitted to the Registrar before registration. 

CHAPTER V 

ASSIGNMENT AND TRANSMISSION 

20.  Power  of  Registered Proprietor  to assign  and give receipts.—The  person  for the time  being 
included in the register as proprietor of a layout-design shall, subject to the provisions of this Act and to 
any right appearing from the register to be vested in any other person, have power to assign the layout-
design, and to give effectual receipts for any consideration for such assignment. 

21.  Assignability  and transmissibility  of  registered  layout-design.—Notwithstanding  anything  in 
any other law to the contrary, a registered layout-design shall, subject to the provisions of this Chapter, be 
assignable and transmissible whether with or without the goodwill of the business concerned. 

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 

11 

 
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. 

23.  Registration  of  assignments  and  transmissions.—(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. 

CHAPTER VI 

USE OF LAYOUT-DESIGN AND REGISTERED USERS 

24.  Registered  users.—Subject  to  the  provisions  of  section  25,  a  person  other  than  the  registered 

proprietor of a layout-design may be registered as a registered user thereof. 

25. Registration as registered user.—(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. 

12 

 
(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. 

26. Power of Registrar for cancellation of registration as registered user.—(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. 

27.  Power  of  Registrar  to  call  for  information  relating  to  agreement  in  respect  of  registered 
users.—(1)  The  Registrar  may,  at  any  time  during  the  continuance  of  the  registration  of  the  registered 
user, by notice in writing, require the registered proprietor to confirm to him within one month that the 
agreement filed under clause (a) of sub-section (1) of section 25 continues to be in force. 

(2) If the registered proprietor fails to furnish the confirmation within one month as required under 
sub-section (1), the registered user shall cease to be the registered user on the day immediately after the 
expiry of said period and the Registrar shall notify the same. 

13 

 
28. Right of registered user to take proceedings against infringement.—Subject to any agreement 
subsisting between the parties, a registered user may make complaint before the competent criminal court 
for the infringement in his own name as if he were the registered proprietor. 

29. Registered user not to have right of assignment or transmission.—Nothing in this Act shall 

confer on a registered user of a layout-design any assignable or transmissible right to the use thereof. 

 Explanation  I.—The  right  of  a  registered  user  of  a  layout-design  shall  not  deem  to  have  been 

assigned or transmitted within the meaning of this section in the following cases, namely:— 

(a) where the registered user being an individual enters into a partnership with any other person 
for carrying on the business concerned; but in any such case the firm may use the layout-design, if 
otherwise in force, only for so long as the registered user is a member of the firm; 

(b) where the registered user being a firm subsequently undergoes a change in its constitution; but 
in any such case the reconstituted firm may use the layout-design, if otherwise in force, only for so 
long as any partner of the original firm at the time of its registration as registered user, continues to be 
a partner of the reconstituted firm.  

Explanation  II.—For  the  purposes  of  Explanation  I,  “firm”  has  the  same  meaning  as  in  the  Indian 

Partnership Act, 1932 (9 of 1932). 

CHAPTER VII 

RECTIFICATION AND CORRECTION OF THE REGISTER 

30. Power to rectify the register.—(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. 

31. Correction of register.—(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 layout-

design, 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. 

14 

 
(2) The Registrar may, on application made in the prescribed manner by a registered user of a layout-
design, and after notice to the registered proprietor, correct any error, or enter any change in the name, 
address or description of the registered user. 

CHAPTER VIII 

APPELLATE BOARD 

32.  Establishment  of  Layout-Design  Appellate  Board.—The  Central  Government  shall,  by 
notification  in  the  Official  Gazette,  establish  an  Appellate  Board  to  be  known  as  the  Layout-Design 
Appellate Board to exercise the jurisdiction, powers and authority conferred on it by or under this Act. 

33.  Composition  of  Appellate  Board.—(1)  The  Appellate  Board  shall  consist  of  a  Chairperson, 
Vice-Chairperson, and such other Members as the Central Government may deem fit and, subject to the 
other  provisions  of  this  Act,  the  jurisdiction,  powers  and  authority  of  the  Appellate  Board  may  be 
exercised by a Bench thereof. 

(2) Subject to the other provisions of this Act, a Bench shall consist of one Judicial Member and one 
Technical  Member  and  shall  sit  at  such  place  as  the  Central  Government  may,  by  notification  in  the 
Official Gazette, specify. 

(3) Notwithstanding anything contained in sub-section (2), the Chairperson— 

(a) may, in addition to discharging the functions of the Judicial Member or Technical Member of 
the Bench to which he is appointed, discharge the function of the Judicial Member or, as the case may 
be, the Technical Member, of any other Bench; 

(b) may transfer a Member from one Bench to another Bench; 

(c) may authorise Vice-Chairperson, the Judicial Member or the Technical Member appointed to 
one Bench to discharge also the functions of the Judicial Member or the Technical Member, as the 
case may be, of another Bench. 

(4)  Where  any  Benches  are  constituted,  the  Central  Government  may,  from  time  to  time,  by 
notification,  make  provisions  as  to  the  distribution  of  the  business  of  the  Appellate  Board  amongst  the 
Benches and specify the matters which may be dealt by each Bench. 

Explanation.—For the removal of doubts, it is hereby declared that the expression “matter” includes 

an application or appeal under section 40 or section 42. 

(5) If the Members of a Bench differ in opinion on any point, they shall state the point or points on 
which  they  differ,  and  make  a  reference  to  the  Chairperson  who  shall  either  hear  the  point  or  points 
himself or refer the case for hearing on such point or points by one or more of the other Members and 
such point or points shall be decided according to the opinion of the majority of the Members who  have 
heard the case including those who first heard it. 

34. Qualifications for appointment as Chairperson, Vice-Chairperson, or other Members.—(1) 

A person shall not be qualified for appointment as Chairperson unless he— 

(a) is, or has been, a Judge of a High Court; or 

(b) has, for at least two years, held the office of a Vice-Chairperson. 

(2) A person shall not be qualified for appointment as a Vice-Chairperson, unless he— 

(a) has, for at least two years, held the office of a Judicial Member or a Technical Member; or 

15 

 
(b) has been a member of the Indian Legal Service and has held a post in Grade I of that Service 

or any higher post for at least five years. 

(3) A person shall not be qualified for appointment as a Judicial Member unless he— 

(a) has been a member of the Indian Legal Service and has held the post in Grade I of that Service 

for at least three years; or 

(b) has, for at least ten years, held a civil judicial office. 

(4)  A  person  shall  not  be  qualified  for  appointment  as  a  Technical  Member,  unless  he  possesses  a 
Master's Degree in Physics or Bachelor's Degree in Electronics Engineering or Electrical Engineering or 
Computer Engineering from an University or Institution established under law for the time being in force 
and has held a post equivalent to the post of Joint Secretary to the Government of India or any higher post 
for at least five years and possesses at least five years’ experience in the area of semiconductors. 

(5) Subject to the provisions of sub-section (6), the Chairperson, Vice-Chairperson and every other 

Member shall be appointed by the President of India. 

(6) No appointment of a person as the Chairperson shall be made except after consultation with the 

Chief Justice of India. 

35.  Term  of  office  of  Chairperson,  Vice-Chairperson  and  Members.—The  Chairperson,  Vice-
Chairperson or other Member shall hold office as such for a term of five years from the date on which he 
enters upon his office or until he attains,— 

(a) in the case of Chairperson and Vice-Chairperson, the age of sixty-five years; and 

(b) in the case of Member, the age of sixty-two years, whichever is earlier. 

36. Vice-Chairperson or senior-most Member to act as Chairperson or discharge his function in 
certain circumstances.—(1) In the event of occurrence of any vacancy in the office of the Chairperson 
by reason of his death, resignation or otherwise, the Vice-Chairperson and in his absence the senior-most 
Member  shall  act  as  Chairperson  until  the  date  on  which  a  new  Chairperson,  appointed  in  accordance 
with the provisions of this Act to fill such vacancy, enters upon his office. 

(2) When the Chairperson in unable to discharge his functions owing to his absence, illness or any 
other  cause,  the  Vice-Chairperson  and  in  his  absence  the  senior-most  Member  shall  discharge  the 
functions of the Chairperson until the date on which the Chairperson resumes his duty. 

37.  Salaries,  allowances  and  other  terms  and  conditions  of  service  of  Chairperson,  Vice-
Chairperson  and  other  Members.—(1)  The  salaries  and  allowance  payable  to,  and  other  terms  and 
conditions  of  service  (including  pension,  gratuity  and  other  retirement  benefits)  of,  the  Chairperson,  
Vice-Chairperson and other Members shall be such as may be prescribed. 

(2) Notwithstanding anything contained in sub-section (1), a person who, immediately before the date 
of assuming office as the Chairperson, Vice-Chairperson or other Member, was in service of Government 
shall  be  deemed  to  have  retired  from  service  on  the  date  on  which  he  enters  upon  as  the  Chairperson, 
Vice-Chairperson or other Member, as the case may be. 

38. Resignation and removal.—(1) The Chairperson, Vice-Chairperson and any other Member may, 

by notice in writing under his hand addressed to the President of India, resign his office: 

Provided that the Chairperson, Vice-Chairperson or any other Member shall, unless he is permitted by 
the  President  of  India  to  relinquish  his  office  sooner,  continue  to  hold  office  until  the  expiry  of  three 

16 

 
months  from  the  date  of receipt  of such  notice  or until  a  person duly  appointed as  his  successor  enters 
upon his office or until the expiry of his term of office, whichever is earlier.  

(2)  The  Chairperson,  Vice-Chairperson  or  any  other  Member  shall  not  be  removed  from  his  office 
except by an order by the President of India on the ground of proved misbehaviour or incapacity after an 
enquiry  made  by  a  Judge  of  the  Supreme  Court  in  which  the  Chairperson,  Vice-Chairperson  or  other 
Member has been informed of the charges against him and given a reasonable opportunity of being heard 
in respect of those charges. 

(3)  The  Central  Government  may,  by  rules,  regulate  the  procedure  for  the  investigation  of 
misbehaviour  or  incapacity  of  the  Chairperson,  Vice-Chairperson  or  other  Member  referred  to  in  
sub-section (2). 

39.  Staff  of  Appellate  Board.—(1)  The  Central  Government  shall  determine  the  nature  and 
categories of the officers and other employees required to assist the Appellate Board in the discharge of 
its functions and provide the Appellate Board with such officers and other employees as it may think fit. 

 (2) The salaries and other allowances and conditions of service of the officers and other employees of 

the Appellate Board shall be such as may be prescribed. 

(3) The officers and other employees of the Appellate Board shall discharge their functions under the 

general superintendence of the Chairperson in the manner as may be prescribed. 

40. Application to the Appellate Board to determine royalty.—(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  sub-
section (3) shall be executable by a civil court having local jurisdiction as if it were a decree made by that 
court. 

41. Power of the Board to cancel registration.—(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  layout-
design, 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: 

17 

 
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. 

42. Appeal to Appellate Board.—(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 sub-

section (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. 

43. Procedure and powers of Appellate Board.—(1) The Appellate Board shall not be bound by the 
procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by principles of 
natural  justice  and,  subject  to  the  provisions  of  this  Act  and  the  rules  made  thereunder,  the  Appellate 
Board  shall  have  powers  to  regulate  its  own  procedure  including  the  fixing  of  places  and  times  of  its 
hearing. 

(2) The Appellate Board shall have, for the purpose of discharging its functions under this Act, the 
same  powers  as  are  vested  in  a  civil  court  under  the  Code  of  Civil  Procedure,  1908  (5  of  1908)  while 
trying a suit in respect of the following matters, namely:— 

(a) receiving evidence; 

(b) issuing commissions for examination of witnesses; 

(c) requisitioning any public record; and 

(d) any other matter which may be prescribed. 

(3) Any proceeding before the Appellate Board shall be deemed to be a judicial proceeding within the 
meaning  of  sections  193  and  228,  and  for  the  purpose  of  section  196  of  the  Indian  Penal  Code  (45  of 
1860), and the Appellate Board shall be deemed to be a civil court for all the purposes of section 195 and 
Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974). 

44.  Bar  of  jurisdiction  of  courts,  etc.—No  court  or  other  authority  shall  have  or,  be  entitled  to, 
exercise any jurisdiction, powers or authority in relation to the matters referred to in sub-section (1) of 
section 40 or sub-section (1) of section 42. 

18 

 
45.  Bar  to  appear  before  Appellate  Board.—On  ceasing  to  hold  office,  the  Chairperson,  Vice-

Chairperson or other Members shall not appear before the Appellate Board or the Registrar. 

46. Conditions as to making of interim order.—Notwithstanding anything contained in any other 
provisions of this Act or in any other law for the time being in force, no interim order (whether by way of 
injunction  or  stay  or  any  other  manner)  shall  be  made  on,  or  in  any  proceedings  relating  to,  an  appeal 
unless—  

(a) copies of such appeal and of all documents in support of the plea for such interim order are 

furnished to the party against whom such appeal is made or proposed to be made; and 

(b) opportunity is given to such party to be heard in the matter. 

47. Power of Chairperson to transfer cases from one Bench to another.—On the application of 
any of the parties and after notice to the parties, and after hearing such of them as he may desire to be 
heard, or on his own motion without such notice, the Chairperson may transfer any case pending before 
one Bench, for disposal, to any other Bench. 

48. Procedure for application for rectification, etc., before Appellate Board.—(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 layout-
design 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. 

49. Appearance of Registrar in legal proceedings.—(1) The Registrar shall have the right to appear 

and be heard— 

(a)  in  any  legal  proceedings  before  the  Appellate  Board  in  which  the  relief  sought  includes 
alteration  or  rectification  of  the  register  or  in  which  any  question  relating  to  the  practice  of  the 
Semiconductor Integrated Circuit Layout-Design Registry is raised; 

(b) in any appeal to the Board from an order of the Registrar on an application for registration of 

a layout-design— 

(i) which is not opposed, and the application is either refused by the Registrar or is accepted 

by him subject to any amendments or modifications, or 

(ii) which has been opposed and the Registrar considers that his appearance is necessary in 

the public interest,  

and the Registrar shall appear in any case if so directed by the Board. 

(2)  Unless the  Appellate  Board otherwise directs,  the  Registrar  may,  in  lieu of appearing,  submit  a 
statement in writing signed by him, giving such particulars as he thinks proper of the proceedings before 
him relating to the matter in issue or of the grounds of any decision given by him affecting it, or of the 
practice  of  the  Semiconductor  Integrated  Circuits  Layout-Design  Registry  in  like  cases,  or  of  other 
matters relevant to the issues and within his knowledge as Registrar, and such statement shall be evidence 
in the proceeding. 

50.  Registrar  to  refer  certain  disputes  to  the  Board.—If  any  question  arises  in  any  proceedings 
before  Registrar,  whether  a  layout-design  has  been  commercially  exploited  for  more  than  two  years 
anywhere in a convention country for the purpose of registration of such layout-design under this Act, the 
Registrar shall refer such question to the Appellate Board, and the decision of the Board thereon shall be 
final. 

19 

 
51.  Power  of  the  Board  to  permit  certain  uses.—(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. 

52. Costs of Registrar in proceedings before Appellate Board.—In all proceedings under this Act 
before  the  Appellate  Board  the  costs  of  the  Registrar  shall  be  in  the  discretion  of  the  Board,  but  the 
Registrar shall not be ordered to pay the costs of any of the parties. 

53. Appeal.—(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. 

20 

 
(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. 

54. Powers of High Courts to make rules.—The High Court may  make rules consistent with this 

Act as to the conduct and procedure of all proceeding under this Act before it. 

55. Transitional provisions.—Notwithstanding anything contained in this Act, till the establishment 
of the Appellate Board under section 32, the Intellectual Property Appellate Board establishment under 
section 83 of the Trade Marks Act, 1999 (47 of 1999) shall exercise the jurisdiction, powers and authority 
conferred  on the  Appellate  Board  under this  Act  subject to  the  modification  that  in any  Bench  of such 
Intellectual  Property  Appellate  Board  constituted  for  the  purposes  of  this  section,  for  the  Technical 
Member referred to in sub-section (2) of section 84 of the Trade Marks Act, 1999, the Technical Member 
shall be appointed under this Act and he shall be deemed to be the Technical Member for constituting the 
Bench under the said sub-section (2) of section 84 for the purposes of this Act. 

CHAPTER IX 

OFFENCES, PENALTIES AND PROCEDURE 

56.  Penalty  for  infringement  of  layout-design.—Any  person  who  contravenes  knowingly  and 
wilfully any of the provisions of section 18 shall be punishable with imprisonment for a term which may 
extend to three years, or with fine which shall not be less than fifty thousand rupees but which may extend 
to ten lakh rupees, or with both. 

57. Penalty for falsely representing a layout-design as registered.—(1) No person shall make any 
representation with respect to a layout-design not being a registered layout-design, to the effect that it is a 
registered layout-design. 

(2)  If  any  person  contravenes  the  provisions  of  sub-section  (1),  he  shall  be  punishable  with 
imprisonment  for  a  term  which  may  extend  to  six  months,  or  with  fine  which  may  extend  to  fifty 
thousand rupees, or with both. 

(3)  For  the  purposes  of  this  section,  the  use  in  India  in  relation  to  a  layout-design  of  the  word 
“registered”, or of any other expression referring whether expressly or impliedly to registration, shall be 
deemed to import a reference to registration in the register, except— 

(a) where that word or other expression, is used in direct association with other words delineated 
in  characters  at  least  as  large  as  those  in  which  that  word  or  other  expression  is  delineated  and 
indicating that the reference is to registration as a layout-design under the law of a country outside 
India being a country under the law of which the registration referred to is in fact in force; or 

 (b)  where  that  other  expression  is  of  itself  such  as  to  indicate  that  the  reference  is  to  such 

registration as is mentioned in clause (a); or 

(c) where that word is used in relation to a layout-design registered as a layout-design under the 

law of a country outside India and in relation solely to such layout-design. 

58. Penalty for improperly describing a place of business as connected with the Semiconductor 
Integrated Circuits Layout-Design Registry.—If any person uses on his place of business, or on any 
document issued by him, or otherwise, words which would reasonably lead to the belief that his place of 
business  is,  or  is  officially  connected  with,  the  Semiconductor  Integrated  Circuits  Layout-Design 

21 

 
Registry, he shall be punishable with imprisonment for a term which may extend to six months, or with 
fine, or with both. 

59. Penalty for falsification of entries in the register.—If any person makes, or causes to be made, 
a  false  entry  in  the  register,  or  a  writing  falsely  purporting  to  be  a  copy  of  an  entry  in  the  register,  or 
produces  or  tenders,  or  causes  to  be  produced  or  tendered,  in  evidence  any  such  writing,  knowing  the 
entry or writing to be false, he shall be punishable with imprisonment for a term which may extend to two 
years, or with fine, or with both. 

60. Forfeiture of goods.—(1) Where a person is convicted of an offence under section 56, the court 
convicting him may direct the forfeiture to Government of all goods and things by means of, or in relation 
to, which the offence has been committed. 

(2) When a forfeiture is directed on a conviction and an appeal lies against the conviction, an appeal 

shall lie against the forfeiture also. 

(3) When a forfeiture is directed on a conviction, the court, before whom the person is convicted, may 

order any forfeited articles to be destroyed or otherwise disposed of as the court thinks fit. 

61.  Exemption  of  certain  persons  employed  in  ordinary  course  of  business.—Where  a  person 

accused of an offence under section 56 proves— 

(a) that in the case which is the subject of the charge he was so employed that it relates to the 
duty  of  his  employment,  and  was  not  interested  in  the  profit  accruing  from  such  commission  of 
offence except the duty of his employment; and 

(b) that, having taken all reasonable precautions against committing the offence charged, he had, 
at  the  time  of  commission  of  the  alleged  offence,  no  reason  to  suspect  the  genuineness  of  the 
registered  layout-design  or  a  semiconductor  integrated  circuit  in  which  such  layout-design  is 
incorporated; and 

(c) that,  on  demand  made  by  or  on  behalf  of the  prosecutor,  he  gave  all  the  information  in  his 

power with respect to the commission of such offence,  

he shall be acquitted. 

62. Procedure where invalidity of registration is pleaded by the accused.—(1) Where the offence 
charged  under  section  56  is  in  relation  to  a  registered  layout-design  and  the  accused  pleads  that  the 
registration of the layout-design is invalid, the following procedure shall be followed:— 

(a) if the court is satisfied that such defence is prima facie tenable, it shall not proceed with the 
charge but shall adjourn the proceeding for three months from the date on which the plea of accused 
is recorded to enable the accused to file an application before the Appellate Board under this Act, for 
the rectification of the register on the ground that the registration is invalid; 

(b) if the accused proves to the court that he has made such application within the time so limited 
or  within  such  further  time  as  the  time  court  may  for  sufficient  cause  may  allow,  the  further 
proceedings in the prosecution shall stand stayed till the disposal of such application for rectification; 

(c)  if  within  a  period  of  three  months  or  within  such  extended  time  as  may  be  allowed  by  the 
court the accused fails to apply to the Appellate Board for rectification of the register, the court shall 
proceed with the case as if the registration were valid . 

(2)  Where  before  the  institution  of  a  complaint  of  an  offence  referred  to  in  sub-section  (1),  any 
application for the rectification of the register concerning the layout-design in question on the ground of 
invalidity  of  the  registration  thereof  has  already  been  properly  made  to  and  is  pending  before  the 

22 

 
Appellate Board or the Registrar, the Court shall stay the further proceedings in the prosecution pending 
the disposal of the application aforesaid and shall determine the charge against the accused in conformity 
with the result of the application for rectification in so far as the complainant relies upon the registration 
of his layout-design. 

63. Offences by companies.—(1) If the person committing an offence under this Act is a company, 
the company as well as every person in charge of, and responsible to, the company for the conduct of its 
business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall 
be liable to be proceeded against and punished accordingly: 

Provided  that  nothing  contained  in  this  sub-section  shall  render  any  such  person  liable  to  any 
punishment if he proves that the offence was committed without his knowledge or that he exercised all 
due diligence to prevent the commission of such offence. 

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been 
committed  by  a  company  and  it  is  proved  that  the  offence  has  been  committed  with  the  consent  or 
connivance  of,  or  that  the  commission  of  the  offence  is  attributable  to  any  neglect  on  the  part  of,  any 
director,  manager, secretary  or  other  officer  of  the  company,  such  director,  manager,  secretary  or other 
officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and 
punished accordingly. 

Explanation.—For the purposes of this section— 

(a) “company” means any body corporate and includes a firm or other association or individuals; 

and  

(b) “director”, in relation to a firm, means a partner in the firm. 

64. Cognizance of certain offences.—No court shall take cognizance— 

(a) of an offence under section 56 or section 57 except on the complaint in writing made by the 
registered proprietor or the registered user of a layout-design in respect of which the offence has been 
committed; 

(b)  of  an  offence  under  section  58  or  section  59  except  on  complaint  in  writing  made  by  the 

Registrar or any officer authorised by him in writing. 

65. Costs of defence or prosecution.—In any prosecution under this Act, the court may order such 
costs  to  be  paid  by  the  accused  to  the  complainant,  or  by  the  complainant  to  the  accused,  as  the  court 
deemed reasonable having regard to all the circumstances of the case and the conduct of the parties. Costs 
so awarded shall be recoverable as if they were a fine. 

66. Information as to commission of offence.—An officer of the Government whose duty it is to 
take part in the enforcement of the provisions of this Chapter, shall not be compelled in any court to say 
when he got any information as to the commission of any offence against this Act. 

67. Punishment of abetment in India of acts done out of India.—If any person, being within India, 
abets the commission, without India, of any act which, if committed in India, would, under this Act, be an 
offence,  he  may  be  tried  for  such  abetment  in  any  place  in  India  in  which  he  may  be  found,  and  be 
punished therefor with the punishment to which he would be liable if he had himself committed in that 
place the act which he abetted. 

23 

 
 
CHAPTER X 

MISCELLANEOUS 

68. Protection of security of India.—Notwithstanding anything contained in this Act, the Registrar 

shall— 

(a) not disclose any information relating to the registration of a layout-design or any application 
relating to the registration of a layout-design under this Act which the Central Government considers 
prejudicial to the interest of the security of India; and 

(b) take any action, including the cancellation of registration of a layout-design registered under 
this Act, which the Central Government may, by notification in the Official Gazette, specify in the 
interest of security of India. 

Explanation.—For  the  purposes  of  this  section,  the  expression  “interest  of  the  security  of  India” 
means  any  action  necessary  for  the  security  of  India  which  relates  to  the  use  of  a  layout-design  or  a 
semiconductor  integrated  circuit  incorporating  a  layout-design  or  an  article  incorporating  such 
semiconductor integrated circuit and which— 

(a) relates to fissionable materials or the materials from which they are derived; or 

(b) relates to the traffic in arms, ammunition and implements of war and to such traffic in other 
goods  and  materials  as  is  carried  on  directly  or  indirectly  for  the  purpose  of  supplying  a  military 
establishment; or 

(c) is taken in time of war or other emergency in international relations. 

69. Protection of action taken in good faith.—No suit or other legal proceedings shall lie against 
any person in respect of anything which is in good faith done or intended to be done in pursuance of this 
Act. 

70.  Certain  persons  to  be  public  servants.—Every  person  appointed,  under  this  Act  and  every 
Member of the Appellate Board shall be deemed to be a public servant within the meaning of section 21 
of the Indian Penal Code (45 of 1860). 

71.  Implied  warranty  on  sale  of  layout-design,  etc.—Where  a  registered  layout-design,  or  a 
semiconductor  integrated  circuit  in  which  a  registered  layout-design  is  incorporated,  or  an  article 
incorporating  such  a  semiconductor  integrated  circuit  is  sold  or  has  been  contracted  for  sale,  the  seller 
shall  be  deemed  to  warrant  that  the  registration,  of  such  layout-design  or  the  layout-design  so 
incorporated is genuine within the meaning of this Act unless the contrary is expressed in writing signed 
by or on behalf of the seller and delivered at the time of the sale or contract to sell of such layout-design, 
or semiconductor integrated circuit or article, as the case may be, and accepted by the buyer. 

72. Powers of Registrar.—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. 

24 

 
73.  Exercise  of  discretionary  power  by  Registrar.—Subject  to  the  provisions  of  section  76,  the 
Registrar shall not exercise any discretionary or other power vested in him by this Act or the rules made 
thereunder  adversely  to  a person  applying  for  the  exercise  of  the  power  without  (if  so  required  by  that 
person within the prescribed time) giving to the person an opportunity of being heard. 

74.  Evidence  before  Registrar.—In  any  proceeding  under  this  Act  before  the  Registrar,  evidence 

shall be given by affidavit: 

Provided that the Registrar may, if he thinks fit, take oral evidence in lieu of, or in addition to, such 

evidence by affidavit. 

75. Death of party to a proceeding.—If a person who is a party to a proceeding under this Act (not 
being a proceeding before the Appellate Board or a court) dies pending the proceeding, the Registrar may, 
on  request,  and  on  proof  to  his  satisfaction  of  the  transmission  of  the  interest  of  the  deceased  person, 
substitute in the proceeding his successor in interest in his place, or, if the Registrar is of opinion that the 
interest of the deceased person is sufficiently represented by the surviving parties, permit the proceeding 
to continue without the substitution of his successor in interest. 

76. Extension of time.—(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. 

77.  Abandonment.—Where,  in  the  opinion  of  the  Registrar,  an  applicant  is  in  default  in  the 
prosecution of an application filed under this Act, the Registrar may, by notice require the applicant to 
remedy  the  default  within  a  time  specified  and  after  giving  him,  if  so  desired,  an  opportunity  of  being 
heard, treat the application as abandoned, unless the default is remedied within the time specified in the 
notice. 

78. Preliminary advice by the Registrar.—(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. 

79.  Registered  user  to  be  impleaded  in  certain  proceedings.—(1)  In  every  proceeding  under 
Chapter VII or under section 42, every registered user of a layout-design, who is not himself an applicant 
in respect of any proceeding under that Chapter or section shall be made a party to the proceeding. 

(2)  Notwithstanding  anything  contained  in  any  other  law,  a  registered  user  so  made  a  party  to  the 
proceeding  shall  not  be  liable  for  any  costs  unless  he  enters  an  appearance  and  takes  part  in  the 
proceeding. 

80.  Evidence  of  entries  in  register,  etc.,  and  things  done  by  the  Registrar.—(1)  A  copy  of  any 
entry  in  the  register  or  of  any  document  referred  to  in  sub-section  (1)  of  section  87  purporting  to  be 

25 

 
certified 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. 

81. Registrar and other officers not compellable to produce register, etc.—The Registrar or any 
other  officer  of  the  Semiconductor  Integrated  Circuits  Layout-Design  Registry  shall  not,  in  any  legal 
proceedings to which he is not a party, be compellable to produce the register or any other document in 
his custody, the contents of which can be proved by the production of a certified copy issued under this 
Act or to appear as a witness to prove the matters therein recorded unless by order of the court made or 
special cause. 

82.  Certificate  of  validity.—If  in  any  legal  proceeding  for  rectification  of  the  register  before  the 
Appellate Board a decision is on contest given in favour of the registered proprietor of the layout-design 
on the issue as to the validity of the registration of the layout-design, the Appellate Board may  grant a 
certificate to that effect, and if such a certificate is granted, then, in any subsequent legal proceedings in 
which the said validity comes into question, the said proprietor on obtaining a final order or judgment in 
his favour affirming validity of the registration of the  layout-design shall, unless the said final order or 
judgment  for  sufficient  reason  directs  otherwise,  be  entitled  to  his  full  cost,  charges  and  expenses  as 
between legal practitioner and client. 

83.  Address  for  service.—An  address  for  service  stated  in  an  application  or  notice  of  opposition 
shall,  for  the  purposes  of  the  application  or  notice  of  opposition,  be  deemed  to  be  the  address  of  the 
applicant or opponent, as the case may be, and all documents in relation to the application or notice of 
opposition may be served by leaving them at or sending them by post to the address for service of the 
applicant or opponent, as the case may be. 

84. Agents.—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. 

85. Layout-design registered by an agent or representative without authority.—If an agent or a 
representative of the proprietor of a registered layout-design, without authority uses or attempts to register 
or registers the layout-design in his own name, the proprietor shall be entitled to oppose the registration 
applied  for  or secure  its cancellation  or rectification of the  register  so  as to  bring  him  as  the registered 
proprietor of the said layout-design by assignment in his favour: 

Provided that such action shall be taken within three years of the registered proprietor of the layout-

design becoming aware of the conduct of the agent or representative. 

86. Indexes.—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. 

26 

 
 
(c) an index of the names of the proprietors of registered layout-designs, and  

(d) an index of the names of registered users. 

87.  Documents  open  to  public  inspection.—(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). 

88. Reports of Registrar to be placed before Parliament.—The Central Government shall cause to 
be placed before both Houses of Parliament once a year a report respecting the execution by or under the 
Registrar of this Act. 

89. Fees and surcharge.—(1) There shall be paid in respect of applications and registration and other 

matters under this Act such fees and surcharge as may be prescribed by the Central Government. 

(2) Where a fee is payable in respect of the doing of an act by the Registrar, the Registrar shall not do 

that act until the fee has been paid. 

(3)  Where  a  fee  is  payable  in  respect  of  the  filing  of  a  document  at  the  Semiconductor  Integrated 
Circuits  Layout-Design  Registry,  the  document  shall  be  deemed  not  to  have  been  filed  at  the  Registry 
until the fee has been paid. 

90.  Savings  in respect  of Chapter IX.—Nothing  in Chapter  IX  shall  be  construed  so  as  to  render 
liable to any prosecution or punishment any servant of a master resident in India who in good faith acts in 
obedience  to  the  instructions  of  such  master,  and,  on  demand  made  by  or  on  behalf  of  prosecutor,  has 
given full information as to his master and as to the instructions which he has received from his master. 

91.  Declaration  as  to  ownership  of  layout-design  not  registerable  under  the  Registration  Act, 
1908.—Notwithstanding  anything  contained  in  the  Registration  Act,  1908  (16  of  1908),  no  document 
declaring  or  purporting  to  declare  the  ownership  or  title  of  a  person  to  a  layout-design  other  than  a 
registered layout-design shall be registered under that Act. 

92. Government to be bound.—The provisions of this Act shall be binding on the Government. 

93.  Convention  countries.—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. 

94.  Provision  as  to  reciprocity.—Where  any  country  specified  by  the  Central  Government  in  this 
behalf  by  notification  in  the  Official  Gazette  under  section  93  does  not  accord  to  citizens  of  India  the 
same rights in respect of registration and protection of layout-design as it accords to its own nationals, no 
national of such country shall be entitled, either solely or jointly with any other person,—

(a) to apply for the registration of, or be registered as the proprietor of, a layout-design; 

(b) to be registered as the assignee of the proprietor of a registered layout-design; or 

(c)  to  apply  for  registration  or  be  registered  as  a  registered  user  of  a  layout-design  under 
section 25. 

95.  Power  of  Central  Government  to  remove  difficulties.—(1)  If  any  difficulty  arises  in  giving 
effect  to  the  provisions  of  this  Act,  the  Central  Government  may,  by  order  published  in  the  Official 
Gazette,  make  such  provisions  not  inconsistent  with  the  provisions  of  this  Act  as  may  appear  to  be 
necessary for removing the difficulty:

Provided  that  no  order  shall  be  made  under  this  section  after  the  expiry  of  five  years  from  the 
commencement of this Act. 

(2) Every order made under this section shall, as soon as may be after it is made, be laid before each 
House of Parliament. 

96. Power to make rules.—(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; 

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(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; 

29 

 
(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.