Rules 33 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rules 33 to 38 turn section 11 of the Act into a procedure with forms and clocks. The opponent files Form LD-2 in triplicate within three months of advertisement; the applicant answers on Form LD-3 within two months; the opponent has two months for evidence, the applicant two months after that, the opponent one month in reply, and no further evidence without leave. Missing a step can end the opposition or the application.
This article reflects the Rules as amended up to G.S.R. 689(E) dated 14 September 2012 (the only amendment). Check sicldr.gov.in for later notifications. Fees named below are from Schedule I as notified in 2001; the Registry's forms page lists the same amounts (checked 3 October 2026). An opposition should be run with legal dispute resolution support from the first notice.
A notice of opposition goes in triplicate on Form LD-2 with grounds, within three months of advertisement (entry 2: Rs 500). An extension on Form LD-30 cannot exceed one month in the aggregate (entry 26: Rs 500). The applicant sends a counter-statement on Form LD-3 within two months (entry 3: Rs 500). Then: opponent's evidence two months; applicant's evidence two months; opponent's reply one month; and no further evidence except with the Registrar's leave.
Rule 33: the notice of opposition and its extension
33(1): Form LD-2
"A notice of opposition to the registration of a layout-design under sub-section (1) of section 11 shall be given in triplicate on Form LD-2 accompanied by prescribed fee within three months from the date of advertisement or re-advertisement, as the case may be, of the application for registration in the journal. The notice shall include a statement of the grounds on which the opponent objects to the registration." Schedule I, entry 2: Rs 500, Form LD-2. The notice goes to the appropriate office; see Rules 4 to 9.
33(2): Form LD-30
"An application for an extension of the period within which a notice of opposition to the registration of a layout-design may be given, shall be made on a Form LD-30 accompanied by the prescribed fee. Such period of extension shall not exceed one month in the aggregate." Schedule I, entry 26: Rs 500, Form LD-30. This matches the extension in section 11(1).
Rule 34: the counter-statement
"The counter statement required by sub-section (2) of section 11 shall be sent in triplicate on Form LD-3 accompanied by the prescribed fee within two months from the receipt by applicant of the copy of the notice of opposition and shall set out what facts, if any, alleged in the notice of opposition, are admitted by the applicant." The Registrar then serves a copy on the opponent. Schedule I, entry 3: Rs 500, Form LD-3 (also payable on an answer to an application under section 30). The counter-statement must say which facts are admitted, so silence is not drafting; an admission can narrow the issues. If the applicant does not file, section 11(2) deems the application abandoned.
Rule 35: the opponent's evidence
"Within two months from the service on him of a copy of the counter-statement by the Registrar, the opponent shall either leave with the Registrar such evidence by way of affidavit as he may desire to adduce in support of his opposition or shall intimate to the Registrar and to the applicant in writing that he does not desire to adduce evidence in support of his opposition but intends to rely on the facts in the notice of opposition." He must deliver copies of the evidence to the applicant. If he takes no action in time, "he shall, unless the Registrar otherwise directs, be deemed to have abandoned his opposition."
Rule 36: the applicant's evidence
"Within two months from the receipt by the applicant of the copies of affidavits in support of the opposition or of the intimation that the opponent does not desire to adduce any evidence", the applicant shall leave with the Registrar such affidavit evidence as he desires, and deliver copies to the opponent, or shall intimate that he does not desire to adduce evidence but intends to rely on the counter-statement or evidence already left. If he relies on evidence already left, he delivers copies to the opponent. The rule states no deemed abandonment for default; the text is silent on the result of inaction.
Rule 37: reply evidence
"Within one month from the receipt by the opponent of the copies of the applicant's affidavits, the opponent may leave with the Registrar evidence by affidavit in reply and shall deliver to the applicant copies thereof. This evidence shall be confined to matters strictly in reply."
Rule 38: no further evidence
"No further evidence shall be left on either side; but in any proceedings before the Registrar, he may at any time, if he thinks fit, give leave to either the applicant or the opponent to leave any evidence upon such terms as to costs or otherwise as he may think fit." The general rule is closed; leave is discretionary and may carry costs.
A timeline of the printed periods
| Step | Rule | Period | Form and fee (Schedule I) |
|---|---|---|---|
| Notice of opposition | 33(1) | Three months from advertisement or re-advertisement | LD-2, entry 2: Rs 500 |
| Extension | 33(2) | Not more than one month in the aggregate | LD-30, entry 26: Rs 500 |
| Counter-statement | 34 | Two months from the applicant's receipt of the notice | LD-3, entry 3: Rs 500 |
| Opponent's evidence | 35 | Two months from service of the counter-statement | Affidavit; no form |
| Applicant's evidence | 36 | Two months from receipt of opponent's affidavits or intimation | Affidavit; no form |
| Evidence in reply | 37 | One month from receipt of the applicant's affidavits | Affidavit; no form |
| Further evidence | 38 | Not allowed unless the Registrar gives leave | n/a |
Affidavits follow rule 85; see Rules 81 to 85. Do not count the days from this table: use the dates of service and receipt on your papers and ask counsel to confirm.
How this fits with the Act
Section 11(2) deems an applicant to have abandoned the application if the counter-statement is not sent in time; section 11(4) says evidence is submitted in the prescribed manner and time, which is what rules 35 to 38 provide. Hearing and decision follow in Rules 39 to 43. The section itself is explained in sections 10 to 12.
A worked example
A foundry spots a start-up's advertised layout and files Form LD-2 in triplicate, with grounds and the Rs 500 fee, within the three months. The start-up files Form LD-3 within two months, admitting some facts. The foundry then files affidavits within two months of service of the counter-statement. The start-up files its affidavits within two months of receipt; the foundry replies within one month on matters strictly in reply. Later the foundry finds a new document; it needs the Registrar's leave under rule 38 to file it, and the Registrar may attach terms as to costs.
Need help with an opposition?
If you plan to oppose a competitor's layout-design or have received a notice of opposition, the periods above run from service. Our legal dispute resolution team can prepare the forms and the affidavits.
Key takeaways
- Form LD-2 in triplicate, with grounds, within three months of advertisement.
- Extension on Form LD-30 cannot exceed one month in the aggregate.
- Form LD-3 counter-statement within two months, stating which facts are admitted.
- Evidence follows in set rounds: two months, two months, one month.
- Further evidence only with the Registrar's leave.
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Disclaimer: Based on the Semiconductor Integrated Circuits Layout-Design Act, 2000 (never amended; commencement as notified in 2004, 2011 and 2014) and the Semiconductor Integrated Circuits Layout-Design Rules, 2001 as amended by G.S.R. 689(E) of 14 September 2012, as consulted on 3 October 2026. Check sicldr.gov.in for later notifications and current forms and fees. This article is general information, not legal advice; check the official text before acting.