This article is written by Shyam Gupta of IPEM Group of Institute.
Introduction
The Dynamic environment has given us right to protect our unique inventions in the market through IPR. These days it is observed that Information technology has made drastic change in our day-to-day life. More and more startups are coming in the market along with their inventions, design, ideas, etc.
All these things are the main reason that IPR (Intellectual Property Right) is flourished in market. Intellectual Property rights is right that is given to a person or organization for their creativities and of Couse their uniqueness should reflect.
Layout design in IPR is one of the most spreading fields, in other words semiconductor integrated circuit. Enhancement of research in IT market leads to variety of design registration requirement, at this place IP plays major role. IP includes copyrights act 1957, trademark act 1999, patents act 1970, etc.
Semiconductor integrated circuit is integrated part of computer chip that is used in computer to perform. A semiconductor is any physical substance in nature that is responsible of flow current in circuits. The responsibility of semiconductor is to maintain healthy connectivity among circuit points i.e., neither free flow of current nor repel. Semiconductors are commonly used in electronic devices such as cameras, cellular devices, etc.
Classification of Chips
The chip is classified based on size and integration Scale. There are four types integrated circuits or classification of chips – In the period of 1961 to 1965 SSI (Small Scale Integration) It contains 3 to 30 gates per chip, In the period of 1961to 1970 MSI (Medium Scale Integration) It contains 30 to 300 gates per chip, in period of 1971 to 1979 LSI (Large Scale integration) 300 to 3000gates per chip and finally year of 1980 to 1984 VLSI (Very Large-Scale Integration) all those chips which contain more than 3000 gates will fall in this category.
There are three types of Integrated chips namely thin and thick film Integrated Circuits, Monolithic Integrated Circuits and lastly Hybrid or multiple Integrated Circuit. Integrated Circuits is preferred for transmission of data because it is light weight and cost of production is also low, its joints is soldered, electricity is also less consumed and it is more reliable. In generations of computer, IC (integrated circuit) was discovered in third generation.
Integrated Circuit is made up of silicon chip, later in fourth generation 1972 onwards VLSI (Very Large Scale Integrated) circuit discovered.
Gradually time passes chips are becoming smaller and yes very powerful. Everything in this world has some advantage then its disadvantage is also present, after discussion of advantage let’s get to know about its disadvantages. For Integrated Circuit disadvantage is that it has restricted or limited power rating, it requires low voltage for its operation, too much noise is produced when it’s working, rough handling makes it breakable and its components like resistor, capacitors are so much voltage dependent.
These integrated circuits help device to get unique feature and perform special task and become an expertise device on comparison. All these drastic changed in evaluation of integrated circuit arises the need of intellectual property.
A layout design of semiconductor integrated circuit chip means the functional design of circuit elements that are connected to each other and their transmission structure that communicate from one point of flow to another point of flow expressed in semiconductor circuit. All these layout designs are created by humans and anyone having knowledge in this field can contribute their semi-conductor integrated circuit layout.
Semiconductor position
Since we are familiar that semiconductor integrated circuit has made his significant position in the market and it is necessary to provide protection. To avoid unethical action the government interduces special act that deals in IPR – semiconductor Integrated circuit and form its registry. In 2002, 4TH sept Semiconductor Integrated Circuit Layout Act came to India. In ordinary language semiconductor Integrated Circuit Layout- Design registry is the office or organization where application of circuit design is submitted for filed an IPR.
Filling Process and Cost of Registration
For registration of semiconductor integrated circuit layout design, applicant has to pay nominal fee of Rs 5000 to the registry office. The main motive of this act is to discourage Layout design that exploits any values, legal rights, etc and prohibits non-original designs i.e., duplicate design.
According to Semiconductor Integrated Circuit Layout Design Act 2000, only those design can be approved by authority that is originally made, new invention that can’t be found exactingly in market, that invention has nondestructive motive towards nation, etc.
Thus, all the main decision regarding integrated circuit layout design such as its procedure to apply, rules and regulation comes under this act and its violation leads to an offence and can be punishable. The registrar may refuse the application if he finds that layout is insufficient to Semiconductor Integrated Circuit Layout Design Act regulations. There is possibility that application can be approved after some modifications.
According to Semiconductor Integrated Circuit Layout Design Act 2000 from the date of filling an application for registration till it complete 10 years. Once a firm or individual creates unique feature product, they can submit their application along with drawing or layout of circuit for registration. When a design layout got registered, its exclusive right is given to registered proprietor of layout, there is no middle men in this process. This Act is blessing for an inventor for their inventions as it provides flexibility in market and their rights will be protected by government.
Stage of Publication
As per Semiconductor Integrated Circuit Layout Design Act 2000, registrar accepts application for registration he needs to advertise it with in fourteen days after date of its acceptance. The advertisement states new upcoming registration to ensure that they will not get opposition in future against it. It is registrar’s responsibility that he notifies any correction or amendment is required as per the act.
If any amendment is arising in between the process then the registrar allows to correct the fault before or after acceptance, amendment of notice can be done to a counter statement. Semiconductor Integrated Circuit Layout Design Act 2000 provides that any person can proposed registration of design. Once application is accepted within three months of advertisement any person can give written notice to registrar with valid reason of opposition.
Any person aggrieved by an order or decision of the Registrar may file an appeal to the Layout Design Appellate Board. The procedure and powers of the Appellate Board are that of a civil court as given under the Civil Procedure Code, 1908. If any person is not satisfied by any decision or order of the Appellate Board may file an appeal to the High Court within prescribed period and in a prescribed manner.
Semiconductor integrated Circuit layout Design Infringement
Some found against the act or challenging it by using someone else registered layout design will be considered as offense and have to bear penalties such as up to three-year Imprisonment, fine around fifty thousand to fifteen lakh rupees even both, etc. Semiconductor integrated Circuit layout Design Act says if an application is not complected within 12 months and left abandoned then it will not be registered again. Semiconductor integrated Circuit layout Design Act 2000 covers every aspect to provide protection of original creative designs and also protecting intellectual property rights of semiconductor integrated circuits layout-designs.
References
- Semiconductor Integrated Circuit Layout Design Act 2000.
- Civil Procedure Code, 1908.
- Copyrights Act 1957.
- Trademark Act 1999.
- Patents Act 1970.
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