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IP — Other — Guides, Updates & Practical Insights

Trade secrets, plant varieties, semiconductor layouts and other IP topics.

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IP — OTHER · COMPLETE GUIDE

Rules 21, 22 and 22A–22C of the Protection of Plant Varieties and Farmers' Rights Rules, 2003: powers of the Chairperson, general functions of the Authority including extant-variety registration and seed data, and orders as to costs

The Chairperson has general superintendence and direction of the Authority's affairs (rule 21). Under rule 22, as amended in 2015, the Authority registers extant varieties within a period it determines, and an extant variety (other than a farmers' variety) can be registered only if it has not been...

Updated 03 Oct 20268 min read✓ Reviewed

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Section 1 of the Semiconductor Integrated Circuits Layout-Design Act, 2000: short title, extent, the three commencement notifications and the TRIPS purpose of the Act

Section 1(1) gives the short title, 1(2) makes the Act extend to the whole of India, and 1(3) lets the Central Government appoint different dates for different provisions. Sections 3 and 5 came into force on 1 May 2004, most of the rest on 1 May 2011, and sections 93 and 94 on 15 January 2014. For...

6 min read03 Oct 2026

IP — Other

Section 2 of the Semiconductor Integrated Circuits Layout-Design Act, 2000: definitions of layout-design, semiconductor integrated circuit, commercial exploitation, registered proprietor, registered user and the other terms

A layout-design is "a layout of transistors and other circuitry elements" including the lead wires connecting them, expressed in any manner in a semiconductor integrated circuit. Commercial exploitation means to sell, lease, offer or exhibit for sale or otherwise distribute the circuit for a...

6 min read03 Oct 2026

IP — Other

Sections 3–6 of the Semiconductor Integrated Circuits Layout-Design Act, 2000: the Registrar, transfer of pending matters, the Semiconductor Integrated Circuits Layout-Design Registry and the Register of Layout-Designs

The Central Government appoints the Registrar by notification and may appoint other officers who act under the Registrar's authorisation. The Registrar may withdraw or transfer any matter pending before such an officer. A Registry with a head office, optional branch offices and a seal is...

6 min read03 Oct 2026

IP — Other

Section 7 of the Semiconductor Integrated Circuits Layout-Design Act, 2000: layout-designs that cannot be registered - not original, commercially exploited, not inherently distinctive - and who owns a commissioned or employee-created design

A layout-design is not registrable if it is not original, has been commercially exploited in India or a convention country, is not inherently distinctive, or is not inherently capable of being distinguished from another registered layout-design. Commercial exploitation for not more than two years...

6 min read03 Oct 2026

IP — Other

Sections 8 and 9 of the Semiconductor Integrated Circuits Layout-Design Act, 2000: who applies, which office of the Registry, acceptance or refusal, and withdrawal of acceptance

Any person claiming to be the creator of a layout-design who wants to register it applies in writing to the Registrar in the prescribed manner. The application is filed at the Registry office within whose territorial limits the applicant's principal place of business in India lies, or, for an...

6 min read03 Oct 2026

IP — Other

Sections 10–12 of the Semiconductor Integrated Circuits Layout-Design Act, 2000: advertisement within fourteen days, opposition within three months, counter-statement within two months, evidence, hearing and correction of applications

The Registrar must have an accepted application advertised within fourteen days of acceptance. Any person may oppose within three months of advertisement or re-advertisement, or within a further period of not more than one month in the aggregate if the Registrar allows it on a prescribed...

6 min read03 Oct 2026

IP — Other

Sections 13–15 of the Semiconductor Integrated Circuits Layout-Design Act, 2000: registration as of the application date, the certificate, abandonment after twelve months, joint proprietors and the ten-year term

After acceptance, and once the time for opposition has expired without opposition or an opposition has been decided for the applicant, the Registrar shall register the layout-design, and the registration is treated as dated from the date of the application. A sealed certificate is issued. If...

6 min read03 Oct 2026

IP — Other

Sections 16 and 17 of the Semiconductor Integrated Circuits Layout-Design Act, 2000: no infringement action for an unregistered layout-design and the exclusive right given by registration

Section 16: "No person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered layout-design." Section 17: registration, if valid, gives the registered proprietor "the exclusive right to the use of the layout-design" and to obtain...

6 min read03 Oct 2026

IP — Other

Section 18(1)–(4) of the Semiconductor Integrated Circuits Layout-Design Act, 2000: infringement by reproducing, importing, selling or distributing, and the exemptions for evaluation, analysis, research, teaching and new original designs

A registered layout-design is infringed by a person who is neither the registered proprietor nor a registered user and who (a) reproduces it, in whole or in part, by incorporating it in a chip or otherwise, except for a part that is not original, or (b) imports, sells or otherwise distributes for...

6 min read03 Oct 2026

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01Infringement of IC Layout-Design -- Remedies 02How to Register a New Plant Variety in India 03IC Layout-Design vs Patent -- When Each Applies 04Rights of Plant Breeders Under the Act 05Introduction to Plant Varieties and Farmers Rights Act 2001

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IP — Other — Guides, Updates & Practical Insights

The complete IP — Other guide

Rules 21, 22 and 22A–22C of the Protection of Plant Varieties and Farmers' Rights Rules, 2003: powers of the Chairperson, general functions of the Authority including extant-variety registration and seed data, and orders as to costs

Latest IP — Other insights

Section 1 of the Semiconductor Integrated Circuits Layout-Design Act, 2000: short title, extent, the three commencement notifications and the TRIPS purpose of the Act

Section 2 of the Semiconductor Integrated Circuits Layout-Design Act, 2000: definitions of layout-design, semiconductor integrated circuit, commercial exploitation, registered proprietor, registered user and the other terms

Sections 3–6 of the Semiconductor Integrated Circuits Layout-Design Act, 2000: the Registrar, transfer of pending matters, the Semiconductor Integrated Circuits Layout-Design Registry and the Register of Layout-Designs

Section 7 of the Semiconductor Integrated Circuits Layout-Design Act, 2000: layout-designs that cannot be registered - not original, commercially exploited, not inherently distinctive - and who owns a commissioned or employee-created design

Sections 8 and 9 of the Semiconductor Integrated Circuits Layout-Design Act, 2000: who applies, which office of the Registry, acceptance or refusal, and withdrawal of acceptance

Sections 10–12 of the Semiconductor Integrated Circuits Layout-Design Act, 2000: advertisement within fourteen days, opposition within three months, counter-statement within two months, evidence, hearing and correction of applications

Sections 13–15 of the Semiconductor Integrated Circuits Layout-Design Act, 2000: registration as of the application date, the certificate, abandonment after twelve months, joint proprietors and the ten-year term

Sections 16 and 17 of the Semiconductor Integrated Circuits Layout-Design Act, 2000: no infringement action for an unregistered layout-design and the exclusive right given by registration

Section 18(1)–(4) of the Semiconductor Integrated Circuits Layout-Design Act, 2000: infringement by reproducing, importing, selling or distributing, and the exemptions for evaluation, analysis, research, teaching and new original designs

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