Sections 10 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.
Once the Registrar accepts an application, the Act gives the public a chance to object. Section 10 requires advertisement within fourteen days of acceptance, section 11 sets out the opposition procedure, and section 12 allows errors in the application, notice of opposition or counter-statement to be corrected. A person who wants to challenge a competitor's layout-design, or defend their own, needs the periods in these three sections, and a legal dispute resolution adviser can keep the calendar.
This article reflects the Act as amended up to 3 October 2026 (the Act has not been amended since it was enacted in 2000). Check sicldr.gov.in for later notifications. Sections 10 to 12 have been in force since 1 May 2011.
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 application and fee. The applicant must send a counter-statement within two months of receiving the notice, or is deemed to have abandoned the application. The Registrar then hears the parties and decides.
Section 10: advertisement
Section 10(1): when an application 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". The word "shall" makes advertisement mandatory. The manner is in the Rules, which our article on Rules 30 to 32 covers.
Section 10(2) covers what happens after an advertisement if (a) an error in the application has been corrected, or (b) the application has been permitted to be amended under section 12. In either case the Registrar "may in his discretion cause the application to be advertised again". In case (b) he may instead of re-advertising "notify in the prescribed manner the correction or amendment". "Notify" means notify in the Semiconductor Integrated Circuit Journal under section 2(j).
Section 11: opposition
11(1): who, when and how
"Any person" may give notice of opposition in writing in the prescribed manner. The time is "within three months from the date of the advertisement or re-advertisement of an application" 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". The extension is not automatic. It depends on a prescribed application and fee, and the Act caps it at one month in total, so the longest possible window is the three months plus that one month.
11(2) and (3): counter-statement
The Registrar serves a copy of the notice on the applicant. Within two months of the applicant receiving the copy, the applicant must send a counter-statement of the grounds on which he relies, in the prescribed manner. If he does not do so, "he shall be deemed to have abandoned his application". If a counter-statement is sent, the Registrar serves a copy on the opponent.
11(4) and (5): evidence, hearing and decision
Evidence on which the opponent and the applicant rely is submitted in the prescribed manner and within the prescribed time. The Registrar must give them an opportunity to be heard, "if they so desire". After hearing the parties, if required, and considering the evidence, he decides "after taking into account any ground of objection whether relied upon by the opponent or not". So the Registrar is not limited to the opponent's grounds; he may consider any ground of objection.
11(6): security for costs
Where a person giving notice of opposition, or an applicant sending a counter-statement after receipt of the notice, "neither resides nor carries on business in India", the Registrar may require security for the costs of proceedings before him. In default, he may treat the opposition or the application "as abandoned".
Section 12: correction and amendment
The Registrar may, "on such terms as he thinks just", (a) "at any time, whether before or after acceptance", permit correction of any error in or in connection with the application, or amendment of the application; or (b) permit correction of any error in, or amendment of, a notice of opposition or a counter-statement under section 11. The power is wide in time ("at any time") but is subject to the Registrar's terms.
A timeline of the printed periods
| Step | Period printed in the Act | Section |
|---|---|---|
| Advertisement after acceptance | Within fourteen days after the date of acceptance | 10(1) |
| Notice of opposition | Within three months from advertisement or re-advertisement | 11(1) |
| Further period for opposition | Not exceeding one month in the aggregate, on application and fee | 11(1) |
| Counter-statement | Within two months from the applicant's receipt of the notice | 11(2) |
| Evidence | Within the prescribed time | 11(4) |
| Registration is not completed because of applicant default | Twelve months from the date of application, then notice | 13(3) |
The Rules prescribe the forms and the periods for evidence. They are explained in Rules 33 to 38. Do not count days from this table without checking the date of service and the Rules.
Where the Board comes in
The Act sends appeals from the Registrar's orders to the Appellate 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 them. Section 11 itself does not provide an appeal, and the Act names no other forum.
A worked example
A foundry in Chennai learns that a start-up's layout for a motor-driver chip has been advertised, and it believes the layout copies a design it already makes for a client. Under section 11(1) it files a notice of opposition within three months of the advertisement. The start-up has no business in India other than an address for service; the Registrar may ask for security for costs under section 11(6) from a party that neither resides nor carries on business in India. The start-up has two months from receiving the notice to file its counter-statement. If it misses that period, it is deemed to have abandoned the application. If it files, both sides submit evidence and are heard, and the Registrar decides.
Need help with an opposition?
Opposing a competitor's layout-design, or defending your own against an opposition, turns on strict periods and evidence. Our legal dispute resolution team can prepare the notice, counter-statement and evidence for you.
Key takeaways
- Advertisement is mandatory within fourteen days after acceptance.
- Opposition may be filed by any person within three months, plus up to one month more on application and fee.
- The applicant has two months from receipt to send a counter-statement or is deemed to have abandoned the application.
- A party with no residence or business in India may be asked for security for costs.
- The Registrar may permit corrections at any time on terms he thinks just.
Read next
- Sections 8 and 9: the application
- Sections 13 to 15: registration and the ten-year term
- Rules 33 to 38: notice of opposition and counter-statement
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.