Rules 39 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.
After the evidence rounds, the Rules deal with the practical steps to a decision: copies of exhibits (rule 39), translations (rule 40), the hearing, with notice to attend on Form LD-4 (rule 41), security for costs (rule 42) and the notice on Form OLD-1 before an incomplete application is treated as abandoned (rule 43). They give effect to sections 11 and 13 of the Act.
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. Fee amounts are those in Schedule I as notified in 2001; the Registry's forms page lists the same amounts (checked 3 October 2026). When a hearing date arrives, a legal dispute resolution adviser can prepare the arguments.
Copies of exhibits go to the other party on request at his expense, or the originals are left with the Registrar for inspection. Documents in a language other than Hindi or English need an attested translation in duplicate. The Registrar gives notice of the hearing for a date at least one month away; a party who intends to appear must notify him on Form LD-4 within fourteen days (entry 4: Rs 500). Security for costs can be fixed at any amount he considers proper and enhanced later. Before treating an application as abandoned under section 13(3), the Registrar sends Form OLD-1 giving twenty-one days.
Rule 39: exhibits
"Where there are exhibits to affidavits filed in an opposition a copy of each exhibit shall be sent to the other party on his request and at his expenses, or, if such copies cannot conveniently be furnished the originals shall be left with the Registrar in order that they may be open to inspection. The original exhibits shall be produced at the hearing unless the Registrar otherwise directs."
| Situation | What happens |
|---|---|
| The other party asks for a copy | Send it, at the requesting party's expense |
| Copies cannot conveniently be made (a large mask photograph, for instance) | Leave the originals with the Registrar for inspection |
| Hearing | Original exhibits are produced unless the Registrar directs otherwise |
The exhibits belong to affidavits taken under rule 85; see Rules 81 to 85.
Rule 40: translations
"Where a document in a language other than Hindi or English referred to in the notice of opposition, counter-statement or an affidavit field in an opposition, an attested translation thereof in Hindi or English shall be furnished in duplicate." A foreign standard or a foreign-language earlier application referred to in an opposition needs a translation attested for accuracy, in two copies.
Rule 41: hearing and decision
41(1): notice of hearing and Form LD-4
"Upon completion of the evidence (if any), the Registrar shall give notice to the parties of a date when he shall hear the arguments in the case. Such appointment shall be for a date at least one-month after the date of the notice, unless the parties consent to a shorter notice. Within fourteen days from the receipt of the notice, any party who intends to appear shall so notify the Registrar on Form LD-4 accompanied by the prescribed fee. Any party who does not so notify the Registrar within the time last aforesaid may be treated as not desiring to be heard and the Registrar may act accordingly."
Schedule I, entry 4: Rs 500, Form LD-4 (the entry covers notice of intention to attend a hearing under sections 11 and 30).
41(2): notification of decision
"The decision of the Registrar shall be notified to the parties in writing." That written decision is what starts the periods for the Registrar's grounds and, if the route is available, appeal; see Rules 24 to 29. Section 11(5) of the Act requires the Registrar to hear the parties, if so required, consider the evidence and decide after taking into account any ground of objection whether relied upon by the opponent or not. An appeal from the Registrar goes to the Board under section 42; no notification bringing sections 32 to 53 (and 55) into force was found in the India Code record or on the Registry's notifications page (checked 3 October 2026); check the current position before relying on it.
Rule 42: security for costs
"The security of costs which the Registrar may require under sub-section (6) of section 11 may be fixed at any amount which he may consider proper; any such amount may be further enhanced by him at any stage in the opposition proceeding." Section 11(6) allows the Registrar to require security from an opponent or applicant who neither resides nor carries on business in India, and to treat the opposition or application as abandoned in default. Rule 42 leaves the amount to his judgment, with no figure and no cap. A foreign opponent should therefore expect that the Registrar can ask for security and later increase it. See sections 10 to 12.
Rule 43: the notice before abandonment
Section 13(3) of the Act lets the Registrar treat an application as abandoned if registration is not completed within twelve months from the date of the application by reason of the applicant's default, after giving notice in the prescribed manner. Rule 43 prescribes that manner.
- Form: the notice is on Form OLD-1.
- Where sent: to the applicant at the address of the principal place of business in India or, if none, the address for service in India stated in the application. If an agent is authorised for the application, the notice goes to the agent with a duplicate to the applicant.
- Period: "The notice shall specify twenty-one days' time from the date thereof or such further time as the Registrar may allow, for completion of the registration."
| Item | Rule 43 |
|---|---|
| Form | Form OLD-1 (an official form issued by the Registry) |
| Sent to | Principal place of business in India, or address for service; agent with a duplicate to the applicant |
| Time to complete | Twenty-one days from the date of the notice, or further time the Registrar allows |
The official forms are described in Schedule III. The 12-month limit and the effect are in sections 13 to 15.
A worked example
A Singapore design house opposes an Indian start-up's advertised layout. Both sides have filed affidavits with exhibits, including a foreign-language test report, so the design house furnishes an attested translation in duplicate. The Registrar fixes a hearing a little over a month away; each side notifies him on Form LD-4 within fourteen days. Because the design house neither resides nor carries on business in India, the Registrar requires security for costs under section 11(6), fixes an amount and later raises it. Separately, an unrelated applicant who has not completed registration after twelve months receives Form OLD-1 giving twenty-one days to complete.
Need help at the hearing stage?
If your opposition has reached the hearing stage, the fourteen-day notice and the exhibits are easy to miss. Our legal dispute resolution team can handle them.
Key takeaways
- Exhibit copies go to the other side on request at his expense; originals are left for inspection if copying is not convenient.
- Foreign-language documents need an attested translation in Hindi or English, in duplicate.
- The hearing is at least one month after the notice; notify attendance on Form LD-4 within fourteen days.
- Security for costs has no printed cap and can be enhanced at any stage.
- Form OLD-1 gives twenty-one days before an incomplete application is treated as abandoned.
Read next
- Rules 33 to 38: notice of opposition and evidence
- Rules 44 to 46: entry in the register and the certificate
- Sections 10 to 12: opposition in the Act
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.