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Sections 26–29 of the Semiconductor Integrated Circuits Layout-Design Act, 2000: cancelling a registered user, the one-month confirmation of the agreement, the registered user's criminal complaint, and no assignment by a registered user

The Registrar may cancel a registered user on a written application by the proprietor or any registered user, on four grounds put by any person, on his own motion if topographical...

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Last updated: October 2026Verified against: Government sources

Once a licensee is on the register, the Act gives the Registrar four tools and the licensee a few rights and limits. Section 26 lists who can ask to cancel a registered user and on what grounds. Section 27 lets the Registrar demand confirmation within one month that the licence agreement is still in force. Section 28 lets a registered user complain to the criminal court for infringement. Section 29 says a registered user has no assignable right, with two Explanations on firms.

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 26 to 29 have been in force since 1 May 2011. A dispute with a licensee, or a challenge to one, is a matter for legal dispute resolution advice from the start.

Section 26(1): who can seek cancellation, and why

Section 26(1) begins "Without prejudice to the provisions of section 30" (rectification), so cancellation under section 26 does not displace the rectification route.

ClauseWho may apply or actGround or condition
26(1)(a)The registered proprietor, the registered user or any other registered user, by written applicationNo ground is stated: the Registrar "may" cancel
26(1)(b)(i)Any person, by written applicationThe registered user has used the layout-design otherwise than in accordance with the agreement under section 25(1)(a)
26(1)(b)(ii)Any personThe proprietor or the registered user misrepresented, or failed to disclose, some fact material to the application, which if accurately represented or disclosed would not have justified the registration
26(1)(b)(iii)Any personCircumstances have changed since registration so that, at the date of the cancellation application, they would not have justified registration
26(1)(b)(iv)Any personThe registration ought not to have been effected having regard to a right vested in the applicant by virtue of a contract in the performance of which he is interested
26(1)(c)The Registrar on his own motion, or any person on written applicationA stipulation in the agreement regarding the topographical dimensions of the layout-design is either not being enforced or not being complied with
26(1)(d)The RegistrarThe layout-design is no longer registered

Clause (c) is unusual. The Act does not define "topographical dimensions"; it simply makes a stipulation about them in the licence agreement a ground. A licence that sets out dimension limits for the layout should therefore be written clearly enough to be enforced, because non-enforcement can lead to cancellation.

Section 26(2) and (3): notice and procedure

The Registrar "shall issue notice in the prescribed manner in respect of every application under this section to the registered proprietor and each registered user (not being the applicant)". The procedure for cancelling is as prescribed. There is a proviso: "before cancelling of registration, the registered proprietor shall be given a reasonable opportunity of being heard". The Rules on the cancellation procedure are explained in Rules 59 to 62.

Section 27: confirmation within one month

Section 27(1): "at any time during the continuance of the registration of the registered user", the Registrar may by notice in writing require the registered proprietor "to confirm to him within one month that the agreement filed under clause (a) of sub-section (1) of section 25 continues to be in force".

Section 27(2): if the proprietor fails to furnish the confirmation within one month, "the registered user shall cease to be the registered user on the day immediately after the expiry of said period and the Registrar shall notify the same". The effect is automatic. A proprietor who receives such a notice must reply inside the month, because a missed reply removes the user from the register.

Section 28: the registered user's complaint

"Subject to any agreement subsisting between the parties, a registered user may make complaint before the competent criminal court for the infringement in his own name as if he were the registered proprietor."

Read with section 56 on punishment for infringement, the route is a criminal complaint. The section uses the word "complaint" and names a criminal court; it does not mention a civil suit. The Act does not name which court is competent. The proprietor and registered user can alter the position by agreement ("subject to any agreement subsisting"). See sections 56 to 59 for the offences and the complaint rules in section 64.

Section 29: no assignable or transmissible right

"Nothing in this Act shall confer on a registered user of a layout-design any assignable or transmissible right to the use thereof."

Explanation I: partnerships

The right is not deemed assigned or transmitted where (a) a registered user who is an individual enters into a partnership with another person for carrying on the business; the firm may use the layout-design only for so long as the registered user is a member of the firm; or (b) a registered user that is a firm changes its constitution; the reconstituted firm may use it only for so long as any partner of the original firm at the time of its registration continues to be a partner.

Explanation II: "firm"

For this purpose "firm" has the same meaning as in the Indian Partnership Act, 1932 (9 of 1932). That is an older statute; check the current law on partnerships before relying on the reference.

A worked example

A Gujarat manufacturer, registered as the sole user of a registered layout, receives a notice from the Registrar asking the proprietor to confirm within one month that the agreement is still in force. The proprietor, a Delhi design house, has since ended the licence and does not reply. The manufacturer ceases to be a registered user on the day after the month ends. Had the manufacturer been a firm of two partners that later admitted a third, section 29 Explanation I(b) would let the reconstituted firm keep using the layout so long as one of the original partners remains a partner.

Need help with a registered user dispute?

Whether you need to cancel a licensee's registration or resist a cancellation application, our legal dispute resolution team can review the agreement, the grounds and the notice periods.

Key takeaways

  • Cancellation is on written application or, in listed cases, by the Registrar.
  • The four grounds in 26(1)(b) can be put by any person; clause (c) covers topographical dimension stipulations.
  • The proprietor must be given a reasonable opportunity of being heard before cancellation.
  • Failure to confirm the agreement within one month ends the registered user's status the next day.
  • A registered user may complain before the competent criminal court but cannot assign or transmit the right.

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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.

Quick recapKey facts & short answers

Key Facts About Registered user

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

Who can ask for a registered user to be cancelled?

The proprietor or any registered user under clause (a); any person on the grounds in clause (b) or (c); the Registrar on his own motion under (c) and (d).

What does "topographical dimensions" mean?

The Act does not define it. Clause 26(1)(c) refers to a stipulation in the agreement about the topographical dimensions of the layout-design that is not enforced or not complied with.

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

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Questions, answered

Short, direct answers to the 6 questions readers ask most on this topic.

The proprietor or any registered user under clause (a); any person on the grounds in clause (b) or (c); the Registrar on his own motion under (c) and (d).

The Act does not define it. Clause 26(1)(c) refers to a stipulation in the agreement about the topographical dimensions of the layout-design that is not enforced or not complied with.

The registered user ceases to be a registered user on the day after the month ends, and the Registrar notifies it.

A registered user may make a complaint before the competent criminal court in his own name, subject to any agreement with the proprietor (section 28).

No. Section 29 gives no assignable or transmissible right.

Not necessarily. The Explanations let a reconstituted firm continue while a partner of the original firm remains a partner.