THE LEGAL FRAMEWORK GOVERNING INTEGRATED CIRCUIT LAYOUT DESIGNS IN INDIA
Sulekha, National Law University Delhi (LL.M IPR) (India)
Arya Verma, National Law University Delhi (LL.M IPR) (India)
The SICLD Act 2000 has been a model of a specialized legal framework that India has established to meet its TRIPS obligations for the protection of the intellectual effort involved in the creation of chip topography. The Indian layout-design scheme is different from the US model which directs the protection towards products of marketed chips. The Indian scheme regards the layout-design as a separate entity. The grant of protection is very much dependent on registration only thus giving the registered owner the exclusive economic rights for a period of ten years. A design to be eligible for registration must be new have some inherent features of distinction and should not have been commercially exploited for more than two years. The Act provides for some exceptions to these private rights in the form of statutory provisions allowing reverse engineering, scientific research, and non-commercial government use. The India Semiconductor Mission (ISM) is anticipated to invigorate local filings and enforcement activities as India’s semiconductor consumption is approaching $110 billion by 2030 although the situation has been somewhat stagnant with only two registrations having been recorded by 2016.
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| Research Paper | LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 3, Issue 4, Page 1785–1803. |
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