Sections 78 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.
Before filing, a designer can ask the Registrar whether the layout-design appears prima facie to be original (section 78). If the advice is affirmative but the Registrar later objects on originality, the applicant who withdraws within the prescribed period gets the filing fee back. The other sections here make registered users parties in some proceedings (section 79), explain how register entries are proved (sections 80 and 81) and describe the certificate of validity (section 82).
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 78 to 82 have been in force since 1 May 2011. For a start-up planning a first filing, a portfolio plan under IP portfolio management can build the preliminary advice step into the timeline.
A person who proposes to apply may ask the Registrar for preliminary advice on whether the layout-design appears prima facie original. If affirmative advice was given, the application is made within three months, and the Registrar later objects on non-originality, the applicant may withdraw within the prescribed period and be repaid the filing fee. Registered users must be made parties to rectification and appeal proceedings. A certified, sealed copy of a register entry is admitted in evidence without more. The Board may grant a certificate of validity with a costs consequence.
Section 78: preliminary advice
78(1): the request
"The Registrar may, on application made to him in the prescribed manner by any person who proposes to apply for the registration of a layout-design, give advice as to whether the layout-design appears to him prima facie to be original." Rule 21 prescribes the application: Form LD-21 with the prescribed fee. The advice is about originality only, the test in section 7(2). It does not address commercial exploitation, distinctiveness or any other bar. The word "may" leaves the giving of advice to the Registrar.
78(2): the three-month window and the refund
If, on an application for registration "as to which the Registrar has given advice as aforesaid in the affirmative made within three months after the advice was given", the Registrar, "after further investigation or consideration", gives notice of objection on the ground that the layout-design is not original, the applicant "shall be entitled, on giving notice of withdrawal of the application within the prescribed period, to have repaid to him any fee paid on the filing of the application."
| Condition | Content |
|---|---|
| Advice | Given in the affirmative under 78(1) |
| Filing | Application for registration made within three months after the advice |
| Later step | Registrar gives notice of objection on non-originality after further consideration |
| Applicant's step | Notice of withdrawal within the prescribed period |
| Result | Repayment of any fee paid on filing |
Only the filing fee is mentioned. The text does not repay the fee for the preliminary advice application itself. Fee amounts are in Schedule I of the Rules; see Schedule I.
Section 79: registered users as parties
- 79(1). In every proceeding under Chapter VII (rectification and correction) or under section 42 (appeals from the Registrar), every registered user of the layout-design who is not himself an applicant "shall be made a party to the proceeding".
- 79(2). "Notwithstanding anything contained in any other law", a registered user so made a party "shall not be liable for any costs unless he enters an appearance and takes part in the proceeding."
The section 42 reference carries the Board commencement line: 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. The Chapter VII limb covers section 30 rectification before the Registrar, which is in force.
Section 80: evidence of entries
- 80(1). A copy of any entry in the register, or of any document referred to in section 87(1), "purporting to be certified by the Registrar and sealed with the seal of the" Registry "shall be admitted in evidence in all courts and in all proceedings without further proof or production of the original."
- 80(2). A certificate purporting to be under the hand of the Registrar as to any entry, matter or thing he is authorised to make or do "shall be prima facie evidence of the entry having been made, and of the contents thereof, or of the matter or things having been done or not done."
For a litigant, a certified copy under Rule 88 (on Form LD-22 with the prescribed fee) is the practical proof of a registration or assignment. See Rules 86 to 92.
Section 81: Registrar not compellable
The Registrar or any other officer of the Registry "shall not, in any legal proceedings to which he is not a party, be compellable to produce the register or any other document in his custody, the contents of which can be proved by the production of a certified copy issued under this Act or to appear as a witness to prove the matters therein recorded unless by order of the court made or special cause." In short, bring the certified copy, not the Registrar, unless the court orders otherwise.
Section 82: certificate of validity
"If in any legal proceeding for rectification of the register before the Appellate Board a decision is on contest given in favour of the registered proprietor of the layout-design on the issue as to the validity of the registration of the layout-design, the Appellate Board may grant a certificate to that effect." In later proceedings where validity is in question, the proprietor, on obtaining a final order or judgment affirming validity, "shall, unless the said final order or judgment for sufficient reason directs otherwise, be entitled to his full cost, charges and expenses as between legal practitioner and client."
The certificate depends on the Board, for which no commencement notification was found; the section is explained as enacted only. The Act gives no other forum for the certificate.
A worked example
A fabless company wants comfort before spending on a full filing for a clock-recovery chip. It applies on Form LD-21 under rule 21 for preliminary advice. The Registrar's advice is that the layout appears prima facie original. The company files within three months. After further consideration, the Registrar gives notice of objection that the layout is not original. The company withdraws within the prescribed period and is repaid the filing fee. Later, in a dispute elsewhere, it uses a certified copy of an entry for a different registered layout to prove that entry, without calling the Registrar to court.
Need help with advice before filing?
If you want the originality question tested before a full filing, or you need certified copies for a dispute, our IP portfolio management team can plan the steps and fees.
Key takeaways
- Preliminary advice on prima facie originality is available on Form LD-21 (Rule 21).
- Filing within three months of affirmative advice, followed by an originality objection, entitles the applicant to repayment of the filing fee on withdrawal.
- Registered users must be made parties to Chapter VII and section 42 proceedings and bear costs only if they appear and take part.
- A sealed certified copy of an entry is admitted without further proof; the Registrar is not compellable.
- The certificate of validity depends on the Board; no commencement notification was found.
Read next
- Section 7: originality
- Rules 21 to 23: Form LD-21 and Form LD-1
- Sections 83 to 88: agents, indexes and inspection
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.