Sections 56 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.
Chapter IX of the Act deals with offences. Sections 56 to 59 set four offences and their punishments: knowing and wilful infringement of a registered layout-design (section 56), representing an unregistered design as registered (section 57), describing a place of business as connected with the Registry (section 58) and falsifying entries in the register (section 59). The Act's route to relief for infringement runs through these penal sections.
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 56 to 59 have been in force since 1 May 2011. A business that imports or sells chips can ask an IP watch and enforcement adviser to check how the offences apply to its trade.
Knowingly and wilfully contravening section 18 is punishable with imprisonment up to three years, or fine of not less than fifty thousand rupees but up to ten lakh rupees, or both. Falsely saying a design is registered carries up to six months, or fine up to fifty thousand rupees, or both. Wrongly implying a Registry connection carries up to six months, or fine, or both. Making or using a false register entry carries up to two years, or fine, or both. Courts act only on complaints by the right person (section 64).
The penalty table, as printed
| Section | Offence | Imprisonment | Fine |
|---|---|---|---|
| 56 | Contravening knowingly and wilfully any of the provisions of section 18 | Up to three years | Not less than fifty thousand rupees but may extend to ten lakh rupees; or both imprisonment and fine |
| 57(2) | Representing that an unregistered layout-design is registered | Up to six months | May extend to fifty thousand rupees; or both |
| 58 | Using words on a place of business or document that reasonably suggest it is, or is officially connected with, the Registry | Up to six months | Fine (no amount stated); or both |
| 59 | Making or causing a false entry in the register, a writing falsely purporting to be a copy of an entry, or producing or tendering such a writing in evidence, knowing it false | Up to two years | Fine (no amount stated); or both |
The imprisonment and fine in each row are alternatives or together: the Act says "or with fine, or with both". For sections 58 and 59 the amount of the fine is left open by the text.
Section 56: infringement
"Any person who contravenes knowingly and wilfully any of the provisions of section 18" is punishable. Two things must be shown: a contravention of section 18, and that it was knowing and wilful. The infringement acts are those in section 18(1) to (4), subject to the protections in section 18(5) to (8). An innocent dealer within sub-section (5) has not contravened section 18 at all, and one who continues only for stock on hand or ordered before notice, and pays royalty, remains within that sub-section.
The word "knowingly and wilfully" makes a mental element part of the offence. The text of section 56 does not define it. A person who copies a layout from a registered design with the design in front of them is on the face of the section; a distributor with no reason to know is not.
Related provisions: forfeiture of goods on conviction under section 56 (section 60), the employee defence (section 61) and the plea of invalidity (section 62) are explained in sections 60 to 62.
Section 57: falsely representing a design as registered
Section 57(1): "No person shall make any representation with respect to a layout-design not being a registered layout-design, to the effect that it is a registered layout-design." Section 57(2) gives the punishment in the table.
Section 57(3) deals with the word "registered". Using in India, in relation to a layout-design, the word "registered" or any other expression referring to registration "shall be deemed to import a reference to registration in the register", except:
- (a) where it is used in direct association with other words in characters at least as large, indicating that the reference is to registration as a layout-design under the law of a country outside India, a country under whose law the registration is in fact in force;
- (b) where the expression is of itself such as to indicate that reference; or
- (c) where the word is used in relation to a layout-design registered under the law of a country outside India and in relation solely to that layout-design.
In practice, a product sheet that says "registered layout-design" without more is read as a claim of registration in the Indian register. A company with only a foreign registration should say so in words at least as large as the word "registered".
Section 58: Registry connection
Anyone who "uses on his place of business, or on any document issued by him, or otherwise, words which would reasonably lead to the belief that his place of business is, or is officially connected with" the Registry is punishable. The test is whether the words would reasonably lead to that belief. A consultancy named so that it looks like a Government office is the type of case the section addresses.
Section 59: falsifying the register
Three acts are caught: making, or causing to be made, a false entry in the register; making a writing falsely purporting to be a copy of an entry in the register; and producing or tendering such a writing in evidence knowing it false. The knowledge requirement applies to the last act, as the text is written.
Who can start a prosecution
Section 64 says no court takes cognizance of an offence under section 56 or 57 except on a written complaint by the registered proprietor or registered user; for sections 58 and 59, a written complaint by the Registrar or an officer he authorises in writing. See sections 63 to 67. The Act has no civil-suit section like other IP statutes. The offence provisions, with the registered user's complaint right under section 28, are the Act's enforcement route.
A worked example
A trading company imports controller chips and its catalogue says "registered layout-design" beside each product, although it holds no Indian registration, only a registration in another country that it does not name. Under section 57(3) the word is deemed to refer to registration in the Indian register, unless it falls within the exceptions. The company can correct the catalogue to say which country's law the registration is under, in words at least as large. Separately, a rival that knowingly and wilfully copies a registered layout and sells chips with it faces section 56.
Need help with an infringement or a misleading claim?
If you suspect knowing copying of a registered layout, or you need to check a "registered" claim on your own products, our IP watch and enforcement team can review the facts.
Key takeaways
- Knowing and wilful contravention of section 18 is punishable with up to three years' imprisonment, or a fine of fifty thousand to ten lakh rupees, or both.
- Falsely calling a design registered carries up to six months, or a fine up to fifty thousand rupees, or both.
- The word "registered" is deemed to mean registration in the Indian register unless foreign registration is clearly indicated.
- False Registry connection and false register entries are separate offences.
- Courts take cognizance only on written complaints from the persons named in section 64.
Read next
- Section 18(1) to (4): infringement
- Sections 60 to 62: forfeiture and defences
- Sections 63 to 67: companies and cognizance
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.