SICLDR

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Introduction Integrated Circuits and Layout Designs Protection of Layout Designs Rationale for Protection Sui Generis Nature of Protection
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Procedure
Step 1: Filing of Application Step 2: formal scrutiny: Acknowledgment & Registry Checks Step 3: Evaluation of the GDS-II file of the application Step 4: Objection (if any) [Rule 25] Step 5: Acceptance and Advertisement Step 6: Opposition Window Step 7: Default Notices
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The application must be filed in Form LD-1 (in triplicate) at the SICLD Registry, Delhi.

Documents/Information to Accompany Application:

The application must be supported with:

  • Applicant details and title of Layout Design
  • Description of the layout design. (Structure, Technique, and function)
    • Circuit diagram and layout drawings.
    • Mask photographs, patterns, plotter outputs, and other technical information (GDS-II file).
  • Statement of originality-
    • (declaring that the design is original and not commercially exploited for more than two years anywhere in India or abroad).
  • Power of Attorney (Form LD-32), [section 84, rule 20]
    • duly stamped, if filed through a legal representative.
  • Convention application details (if any):
    • Information under Rule 23 / Section 93 of the Act.
    • Certificate from a foreign registering authority or a verified copy of a foreign application.

  • The Registry acknowledges receipt of the application.
  • Formal scrutiny by the Registry is undertaken to check:
    • Correctness of the prescribed form and fee.
    • Completeness of documents and enclosures.
    • Proper signatures and verification.
    • Filing of Power of Attorney (if required).
    • Compliance with Section 8 and corresponding Rules.
  • Only after clearing formal scrutiny does the application proceed to examination stage (evaluation of GDS-II file).

[Relevant Provisions: Sections 8–10, 77 of the SICLD Act, 2000; Rules 25, 26, 30 of the SICLD Rules, 2001]

  • GDS-II file evaluated for verification and consistency with the description and circuit diagram.
  • The GDS file with the application is examined for registrability and compliance under the Act. Grounds of examination include.
    • Originality of the Layout-Design filed as GDS.
    • Distinctiveness and distinguishability from existing registered or applied designs.
    • Compliance with requirements relating to commercial exploitation.
    • Fulfilment of statutory conditions.

  • If objections arise, the Registrar issues a written communication (Objection to Acceptance) to the applicant.
  • Applicant has 3 months from the date of communication to:
    • Remove the objection, or
    • Request a hearing.
  • If no action is taken within 3 months, the application is deemed abandoned under Rule 25(2).

  • If accepted (either unconditionally or subject to conditions), the application is advertised in the SICLD Journal within 14 days.

  • After the advertisement, an opportunity for opposition is available under Section 10 and Rule 30.
  • As per Section 10, a period of three months is provided for filing an opposition by any interested party.
  • Opposition proceedings are heard and decided by the Registrar after giving both parties an opportunity to be heard.

  • Under Section 77, if an applicant defaults in prosecution, the Registrar may issue a notice requiring remedy within a specified time.
  • The applicant may request a hearing.
  • If the default is not remedied, the application may be treated as abandoned.