Rules 44 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 44 to 46 cover the last steps before a layout-design is on the register. Rule 44 says when the Registrar enters it and what the entry must contain. Rule 45 deals with the death of an applicant before entry. Rule 46 prescribes the certificate on Form OLD-2 and a duplicate on Form LD-25. They give effect to sections 6 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. Fees are those in Schedule I as notified in 2001; the Registry's forms page lists the same amounts (checked 3 October 2026). Once a certificate issues, an IP portfolio management record of the registration date and term helps keep the right alive.
As soon as may be after three months from the advertisement or re-advertisement, the Registrar, subject to section 13(1), enters the layout-design in the register, specifying the date of registration and the particulars listed in rule 44(2). If an applicant dies before entry, the Registrar may substitute the successor in interest on proof of death and of transmission. The certificate is on Form OLD-2; a duplicate or further copy is on Form LD-25 (Schedule I, entry 23: Rs 2000).
Rule 44(1): when the entry is made
"As soon as may be after the expiration of three months from the date of the advertisement or re-advertisement, as the case may be, in the journal of any application for the registration of a layout-design, the Registrar shall, subject to the provisions of sub-section (1) of section 13, enter the layout-design in the register."
The three months match the opposition period in section 11(1). The words "subject to the provisions of sub-section (1) of section 13" bring in the condition that the application either was not opposed and the time for notice of opposition has expired, or was opposed and decided for the applicant. An opposition extended by a month under rule 33(2) therefore delays entry. Under section 13(1) the registration is deemed dated from the application date. See sections 13 to 15.
Rule 44(2): what the entry shows
The entry "shall specify the date of the registration of such layout-design, and all particulars required by sub-section (1) of section 6 including":
| Clause | Particular |
|---|---|
| (a) | Date of acceptance of the application under section 10(1) |
| (b) | Name, address and nationality of the registered proprietor |
| (c) | If the layout-design was commercially exploited before the date of registration, the period and place of exploitation |
| (d) | Office of the Registry where the request for registration was filed |
| (e) | Address of the principal place of business in India of the proprietor, or, for joint proprietors, of those who have one |
| (f) | If the proprietor has no place of business in India, the address for service in India as entered in the application, with the home-country address |
| (g) | For a jointly owned layout-design where none has a principal place of business in India, the address for service in India together with the home-country address of each joint proprietor |
Section 6(1) of the Act requires "the names, addresses and descriptions of the proprietor and such other matters related to the registered layout-designs as may be prescribed"; rule 44(2) is the prescription. See sections 3 to 6. Notice that the entry records the period and place of commercial exploitation, so a reader of the register can see what the applicant disclosed under section 7. The appropriate office is entered separately under rule 6; see Rules 4 to 9.
Rule 45: death of the applicant before registration
"In case of death of any applicant for the registration of a layout-design after the date of his application and before the layout-design has been entered in the register, the Registrar may on proof of the applicant's death and on proof of the transmission of the interest of the deceased person, substitute in the application his successor in interest in place of the name of such deceased applicant and the application may proceed thereafter as so amended."
Three elements are needed: death after the application date and before entry; proof of death; and proof of transmission of the interest. Then the successor's name replaces the deceased applicant's name and the application proceeds as amended. Section 75 of the Act contains a general power for the Registrar to substitute a successor in interest in pending proceedings; see sections 72 to 77. A sole creator whose heirs take over the application is the typical case. After entry, a transfer by operation of law is handled as a transmission under section 23.
Rule 46: certificate and duplicates
46(1): Form OLD-2
"The Certificate of registration of a layout-design to be issued by the Registrar under sub-section (2) of 13 shall be on Form OLD-2 with such modifications as the circumstances of any case may require." Form OLD-2 is one of the official forms issued by the Registry; see Schedule III. Section 13(2) requires the certificate to be sealed with the seal of the Registry.
46(2): duplicate or further copies
"The Registrar may issue a duplicate or further copies of the certificate of registration to be copy of entry in register on request by the registered proprietor on Form LD-25 accompanied by prescribed fee." Schedule I, entry 23: on a request for a duplicate or further copy of the certificate of registration, Rs 2000, Form LD-25. A duplicate is available on the registered proprietor's request. Form LD-25 may be sent to the appropriate office or the head office (rule 7(2)(b)). For a certified copy of an entry or other certificate, the route is Form LD-22 under rule 88; see Rules 86 to 92.
| Need | Form | Rule | Schedule I entry |
|---|---|---|---|
| Certificate of registration | OLD-2 (issued by the Registry) | 46(1) | None; official form |
| Duplicate or further copy of the certificate | LD-25 | 46(2) | 23: Rs 2000 |
A worked example
A fabless start-up's application is advertised in the Journal. No one opposes. After three months from the advertisement the Registrar enters the layout-design in the register, giving the date of registration, the date of acceptance, the proprietor's name, address and nationality, the period and place of any commercial exploitation, the office where the application was filed and the principal place of business in India. The certificate on Form OLD-2 is sent to the start-up. Later the original is lost in a move; the start-up, as registered proprietor, asks for a duplicate on Form LD-25 with the Rs 2000 fee. Had its sole founder died before the entry, the Registrar could have substituted the successor in interest on proof of death and of transmission.
Need help after registration?
Once a layout-design is registered, the term, any assignment and any registered users need tracking. Our IP portfolio management team can keep the record and the calendar for you.
Key takeaways
- The Registrar enters the layout-design as soon as may be after three months from advertisement, subject to section 13(1).
- The entry records the registration date and the particulars in rule 44(2), including the period and place of any commercial exploitation.
- On the death of an applicant, the successor in interest may be substituted on proof.
- The certificate is on Form OLD-2; a duplicate is on Form LD-25 (entry 23: Rs 2000).
- The registered proprietor requests the duplicate.
Read next
- Sections 13 to 15: registration and the term
- Schedule III: official forms OLD-1 to OLD-9
- Schedule I: fees
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.