Sections 8 and 9 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.
Section 8 says who may apply to register a layout-design, where the application must be filed and what the Registrar may do with it. Section 9 lets the Registrar withdraw an acceptance if, before registration, he is satisfied the layout-design should not have been accepted under section 7. Together they cover the first and last stages before advertisement and registration, and a good filing starts with a clear IP portfolio management plan for who applies and where.
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 8 and 9 have been in force since 1 May 2011.
Any person claiming to be the creator of a layout-design who wants to register it applies in writing to the Registrar in the prescribed manner. The application is filed at the Registry office within whose territorial limits the applicant's principal place of business in India lies, or, for an applicant with no business in India, the office for the address for service in India. The Registrar may refuse the application or accept it absolutely or with amendments or modifications. After acceptance, he may withdraw it under section 9 if the design is barred by section 7.
Section 8(1): who applies
"Any person claiming to be the creator of a layout-design, who is desirous of registering it, shall apply in writing to the Registrar in the prescribed manner for the registration of his layout-design."
The test is a claim to be the creator. The section does not say the applicant must prove creation at filing, and it does not require an applicant to be an Indian citizen or company. Where a design was made on commission or under employment, the right to register may belong to the commissioner or employer under section 7(3). Who then applies is a question to settle from the contract before filing. Joint creators are dealt with in section 14.
The "prescribed manner" is in the Rules. The application is made on Form LD-1 under rule 22 of the Rules, which our article on Rules 21 to 23 explains.
Section 8(2): which office
Every application "shall be filed in the office of the Semiconductor Integrated Circuits Layout-Design Registry within whose territorial limits" the principal place of business in India of the applicant lies. For a joint application, the test is the principal place of business in India of the applicant whose name is first mentioned in the application, "as having a place of business in India".
The proviso covers foreign applicants. Where the applicant, or any of the joint applicants, "does not carry on business in India", the application is filed at the office within whose territorial limits the place mentioned in the address for service in India disclosed in the application is situated.
| Applicant | Office that receives the application |
|---|---|
| One applicant with a principal place of business in India | The office for that place |
| Joint applicants | The office for the principal place of business in India of the applicant named first, as having a place of business in India |
| An applicant (or a joint applicant) who does not carry on business in India | The office for the address for service in India stated in the application |
The territorial limits of each office are fixed by Central Government notification under section 5(3). A change of address does not necessarily move a file; see the Rules article on the appropriate office.
Section 8(3): refuse, accept or accept with changes
"Subject to the provisions of this Act, the Registrar may refuse the application or may accept it absolutely or subject to such amendments or modifications, as he may think fit."
Three outcomes are open: refusal, absolute acceptance, and acceptance subject to amendments or modifications. The section gives no list of grounds; the grounds come from the rest of the Act, mainly section 7 (originality, commercial exploitation, distinctiveness). It also gives no time limit for the decision, and no right of appeal is stated in section 8 itself. The Rules deal with objections, hearing and the Registrar's decision, which are covered in our article on Rules 24 to 29. Appeals from the Registrar's orders are in section 42, which is in Chapter VIII; no commencement notification was found for sections 32 to 53 and 55 (checked 3 October 2026), so check the current position before relying on that route.
Section 9: withdrawal of acceptance
Section 9 applies when "after the acceptance of an application for registration of layout-design, but before its registration, the Registrar is satisfied that the layout-design is prohibited of registration under section 7". In that case he "may, after hearing the applicant if he so desires, withdraw the acceptance and proceed as if the application had not been accepted".
Four elements stand out.
- Timing. It operates only between acceptance and registration.
- Ground. Only a section 7 bar is named: not original, commercially exploited, not inherently distinctive, or not distinguishable.
- Hearing. The applicant is heard "if he so desires", so the hearing is at the applicant's choice.
- Effect. The file goes back to the stage before acceptance, as if no acceptance had been made.
A third party that spots a defect after advertisement has a separate route: opposition under section 11. Section 9 is the Registrar's own power and does not depend on an opposition.
A worked example
A start-up with its principal place of business in Bengaluru creates a layout for an audio codec and applies jointly with a Singapore design house that does not carry on business in India. Under the proviso, because one joint applicant does not carry on business in India, the application is to be filed at the office for the address for service in India disclosed in it. The start-up names a Delhi address for service, so the Delhi-limits office would receive it. The Registrar accepts the application subject to a modification. Before registration, he learns that the design was commercially exploited several years earlier. After offering a hearing, he can withdraw the acceptance under section 9.
Need help with filing a layout-design application?
If you are a creator or a company preparing to file, or a foreign design house needing an address for service in India, our IP portfolio management team can prepare the filing and track each stage after acceptance.
Key takeaways
- A person claiming to be the creator applies in writing to the Registrar in the prescribed manner.
- Filing is at the office for the applicant's principal place of business in India, or the address for service for those without business in India.
- The Registrar may refuse, accept absolutely or accept subject to amendments or modifications.
- Section 9 allows withdrawal of acceptance before registration if a section 7 bar applies, after a hearing if the applicant wants one.
- The Board appeal route has no commencement notification found.
Read next
- Section 7: what cannot be registered
- Sections 10 to 12: advertisement, opposition and correction
- Rules 21 to 23: Form LD-1
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.