FAQs

Any semiconductor integrated circuit layout-design, which is a creator's own intellectual efforts and satisfying following criteria can be registered under this Act:

• Original
• Distinctive
• Capable of distinguishing from any other layout design
• Has not been commercially exploited anywhere in India or in a convention country.

[Ref. Conditions for Registration: Section 7(1) & 7(2); Rule 22]

Presently, the Registry is situated at: Boudhik Sampada Bhawan, Plot No. 32, Sector 14, Dwarka, New Delhi - 110078, India.

(Tel. +91-11-25301297) e-mail: sicldrdelhi.ipo@gov.in

[Ref. administrative notification]

No, a PCB cannot be registered under the SICLD Act, 2000.

[Ref. only "layout-design" in integrated circuits (Section 2(h)) is protected.]

According to the Semiconductor Integrated Circuits Layout-Design Act, 2000, an Indian national or a national of a country which accords to the Indian citizens the same rights in respect of registration and protection of layout-design as it accords to its own nationals can apply for the registration of a layout-design if:

1. They have their principal place of business in India, or
2. If they do not carry out business in India, they have a place of service in India.

[Ref. Eligibility: Section 8(1), 8(2); Section 93 (Convention Countries); Rule 3, Rule 16]

An application to the Registrar for the registration of a layout design shall be made on Form LD-1 accompanied with Registration fees and three sets of drawings or photographs of masks, that describe the layout design applied for registration. These can be submitted as/along with the GDS-II file with the PDK information used in the design.

[Ref. Eligibility: Section 8; Rule 22]

The SICLD application fee is Rs. 5000/- to be paid via Demand Draft in favour of "PAO, CGPDTM" payable at Mumbai.

[Ref. Schedule I, Entry 1, SICLD Rules (Rule 22), section 8]

The term of protection for a registered layout-design is 10 years from the date of filing or from the date of first commercial exploitation in India or abroad, whichever is earlier.

[Ref. Section 15]

Every person desiring to be registered as a layout design agent shall make an application on Form LDA-1 accompanied by the prescribed fee.

[Ref. Act: Section 84; Rule 97 – Application via Form LDA-1 with prescribed fee; Rule 98 – Written examination + interview; Rule 94 – Qualifications; Rule 95 – Debarring criteria]

A period of 10 years is counted from the date of filing an application for registration or from the date of first commercial exploitation anywhere in India or in any convention country or country specified by the Government of India, whichever is earlier.

[Ref. Section 15; Rule 44(2)(c) – Recording of commercial exploitation]

The usual registration cycle may include:

• Filing of the application by the creator/applicant of the layout-design at the SICLD Registry, Delhi.
• If requirements are not complied, objections to acceptance are communicated to the applicant(s).
• The Registrar may accept, refuse the application or accept it with some modifications.
• The accepted applications shall be advertised within 14 days of acceptance.
• Any opposition to the advertisement can be filed within 3 months from the date of the advertisement.
• The counter-statement to the notice of opposition, if any, is to be filed within 2 months from the date of receipt of copy of notice of opposition from the Registrar.
• A copy of the counter statement provided to the opposing party.
• The Registrar may take hearings with the parties.
• The Registrar will decide on the originality of the layout-design and grant or reject the application for registration.
• Aggrieved party can appeal to the Appellate Board or in its absence High Court for any decision or order of the Registrar.
• Registration certificate to be issued by the Registrar in prescribed form.

[Ref. Rule 22 – Application (Form LD-1) | Rule 24 – Acknowledgement | Rule 25 – Objection and hearing | Rule 28 – Correction/amendment (Form LD-6) | Rule 30 – Advertisement | (Rule 33 – Opposition (Form LD-2) (if any), then Rule 34 – Counter-statement (Form LD-3)) | Rule 44 – Entry in Register | Rule 46 – Certificate of Registration (Form OLD-2)]

Once a company or an individual makes or launches a new product with some unique feature, he/she/they may submit an application for registration having the detailed description, drawings and layout-design of the semiconductor integrated circuit.

[Ref. Section 7(1) – Within 2 years of first commercial exploitation; Rule 22(1) – Form LD-1 must accompany evidence]

Yes. According to section 14 of the Act, it is possible for two or more creators to have joint proprietorship for their layout-design.

[Ref. Section 14 – Joint proprietors allowed; Rule 4(b)(iii–iv), Rule 44(2)(g)]

An application to the Registrar for registration of a person as a registered user of a registered layout-design shall be made under section 25 of the Act, jointly by that person and the registered proprietor of the layout-design on Form LD-13 accompanied by a prescribed fee.

[Ref. Section 25; Rule 55 – Joint application by proprietor and user via Form LD-13, Rule 56 – Entry in Register]

The SICLD Act and Rules may be accessed at the SICLD registry official website, i.e. https://sicldr.gov.in/sicw/actsrules

As per Section 10 of the Act, when an application for registration of a layout-design has been accepted, within fourteen days after the date of acceptance, the application shall be advertised in the Registry Journal (which can be accessed online at the SICLD registry official website, i.e., https://sicldr.gov.in/sicw/ejournals).

[Ref. Section 10(1); Rule 30 – Advertisement in SICLD Journal]

Yes, the Registry also provides a limited facility to apply online at the Registry website: https://sicldr.gov.in. The applicant has to first register online to be able to apply/oppose.

At any time, before or after acceptance of an application for registration, correction of any error or an amendment in connection with the application may be permitted upon filing of Form LD-6 with the prescribed fees. Rectification and correction of the register is also permitted upon application in the prescribed manner.

[Ref. Section 12; Rule 28 – Form LD-6 for correction/amendment]

The registration of a layout-design confers to the registered proprietor of the layout-design the exclusive right to the use of the layout-design and to obtain relief in respect of any infringement.

[Ref. Section 17 – Exclusive rights of registered proprietor; Rule 56 – Entry of registered user in Register]