Sections 93 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.
The last four sections look outward and forward. Section 93 lets the Central Government declare convention countries, section 94 withholds registration rights from nationals of a notified country that does not give Indians the same rights, section 95 allows orders to remove difficulties for five years, and section 96 gives the power to make rules. Convention-country status matters for the commercial exploitation bar in section 7 and for priority claims under the Rules.
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 93 and 94 have been in force since 15 January 2014; sections 95 and 96 since 1 May 2011. A foreign design house deciding where to file first should take a legal consultation before relying on any country's status.
The Central Government may notify a country (including a group of countries, a union or an inter-governmental organisation) as a convention country where there is a treaty, convention or arrangement giving Indian citizens similar privileges. Where a notified country does not give Indians the same rights in registration and protection as its own nationals, its nationals cannot apply for registration, be registered as proprietor, assignee or registered user. No order to remove difficulties can be made after five years from commencement. The Central Government makes rules under section 96.
Section 93: convention countries
"With a view to the fulfilment of a treaty, convention or arrangement with any country outside India which affords to citizens of India similar privileges as granted to its own citizens, the Central Government may, by notification in the Official Gazette, specify such country to be a convention country for providing the citizens of such convention country the similar privileges as granted to the citizens of India under this Act."
The Explanation says "country" includes any group of countries, any union of countries or any inter-governmental organisation, and "convention country" is construed accordingly.
The notification
A notification under section 93 exists: S.O. 307(E) of 4 February 2014, which supersedes S.O. 2745(E) of 2 December 2011. The list of countries is published on the Registry's website, sicldr.gov.in; this article gives no country names or count. One neutral observation: S.O. 2745(E) is dated before section 93 was brought into force on 15 January 2014 (by S.O. 84(E) of 10 January 2014), which is the commencement date the Act's own footnote records. If your matter depends on a specific country, check the current notification on the Registry's site.
Where "convention country" appears in the Act
| Section | Use |
|---|---|
| 2(f) | Defines "convention country" as a country notified under section 93 |
| 7(1)(b) | Commercial exploitation "anywhere in India or in a convention country" bars registration |
| 7(1) proviso | Exploitation of not more than two years before the filing date, in India or a convention country, is ignored |
| 50 | The Registrar refers to the Board the question whether a design was commercially exploited for more than two years in a convention country |
| 94 | Reciprocity for countries notified under section 93 |
Section 50 sits in Chapter VIII, for which 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 it. See section 7 for the originality bars.
Priority under the Rules
Rule 23 deals with an application claiming priority under section 93 by reason of an application made in a convention country: it requires the country to be named, the date of that application to be stated and a certificate from the registering authority of that country, or other verification to the Registrar's satisfaction. Section 93 itself does not use the word "priority"; the Rules attach it. See Rules 21 to 23.
Section 94: reciprocity
Section 94 applies "where any country specified by the Central Government in this behalf by notification in the Official Gazette under section 93 does not accord to citizens of India the same rights in respect of registration and protection of layout-design as it accords to its own nationals". In that case "no national of such country shall be entitled, either solely or jointly with any other person":
- (a) to apply for the registration of, or be registered as the proprietor of, a layout-design;
- (b) to be registered as the assignee of the proprietor of a registered layout-design; or
- (c) to apply for registration or be registered as a registered user of a layout-design under section 25.
The wording refers to a country "specified by the Central Government in this behalf" under section 93. The Act does not say who decides that a country fails to give the same rights, nor how. A foreign applicant jointly applying with an Indian company is within the words "either solely or jointly".
Section 95: removal of difficulties
- 95(1). If any difficulty arises in giving effect to the Act, the Central Government may, by order published in the Official Gazette, make provisions not inconsistent with the Act as may appear necessary for removing the difficulty. The proviso: "no order shall be made under this section after the expiry of five years from the commencement of this Act."
- 95(2). Every order is to be laid before each House of Parliament as soon as may be.
The text says "from the commencement of this Act", and section 1(3) reads such a reference as the coming into force of that provision. Section 95 was brought into force on 1 May 2011. The Act itself states no end date, and this article computes none.
Section 96: the rule-making power
Section 96(1): the Central Government may by notification make rules "to carry out the provisions of this Act". Section 96(2) lists matters in clauses (a) to (zx), "without prejudice to the generality" of that power. Section 96(3) requires every rule to be laid before each House of Parliament for a total period of thirty days, which may be in one session or two or more successive sessions; if both Houses agree to modify the rule or that it should not be made, it has effect only in modified form or not at all, without prejudice to the validity of anything previously done.
The Rules were made on 10 December 2001 and amended once, by G.S.R. 689(E) of 14 September 2012. Section 96 was brought into force on 1 May 2011, after the Rules were dated. The table below groups the clauses of section 96(2) by subject and points to the articles in this series.
| Subject of the clauses in section 96(2) | Clauses | Our article |
|---|---|---|
| Register entries and application manner | (a), (b) | Rules 1 to 3 and Rules 21 to 23 |
| Advertisement, opposition, counter-statement, evidence, certificate, notices | (c) to (i) | Rules 30 to 32 and Rules 33 to 38 |
| Title, registered users and cancellation | (j) to (r) | Rules 47 to 54 and Rules 55 to 58 |
| Rectification and correction | (s) to (w) | Rules 63 to 68 |
| Board members' and staff terms and misconduct procedure | (x) to (za) | Sections 32 to 39 |
| Board royalty, cancellation, appeal, Government use and High Court appeal | (zb) to (zm) | Rules 69 to 74 |
| Registrar's review, discretion, extension, preliminary advice | (zn) to (zr) | Rules 75 to 80 |
| Agents, inspection, fees and surcharge, other matters | (zs) to (zx) | Rules 93 to 99 and Schedule I |
The first article in the Rules series is Rules 1 to 3. Return to section 1 for the full commencement table.
A worked example
A foreign design house files in its home country first and a few months later wants to register the same layout in India. Section 93 and the notification are the starting point: is its home country a notified convention country? If so, the commercial exploitation there is within section 7(1)(b) and its proviso, and rule 23 allows a priority claim by naming the country, stating the date and furnishing a certificate. If the country does not accord Indians the same rights as its own nationals, section 94 would withhold the right to apply, even jointly with an Indian partner.
Need help with a cross-border filing?
If a layout-design has been exploited or filed abroad, our legal consultation team can help you check the current notification, the priority route and the exploitation periods.
Key takeaways
- The Central Government can notify a country, a group or an inter-governmental organisation as a convention country (section 93).
- A notification exists (S.O. 307(E) of 4 February 2014); its list is on the Registry's site.
- Section 94 bars nationals of a notified country that does not give Indians the same rights.
- No order to remove difficulties can be made after five years from commencement.
- Section 96 gives the rule-making power; the Rules are explained in the next series of articles.
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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.