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Requisites for Registration of a Layout Design & Rights of Proprietor under the Semiconductor Integrated Circuits Layout-Design Act, 2000

Q.7 — Requisites for Registration of a Layout Design & Rights of Proprietor under the Semiconductor Integrated Circuits Layout-Design Act, 2000 I. Meaning of Layout Design A Layout Design means the 3-dimensional arrangement of elements and interconnections in a semiconductor integrated circuit (IC) . (Section 2(l) of the Act) Examples: Microprocessor chip design RAM/ROM layout Mobile processor circuit designs This Act protects the originality , creativity , and commercial value of IC designs. II. Requisites for Registration of a Layout Design Registration is governed by Sections 7–10 of the Semiconductor Integrated Circuits Layout-Design Act, 2000. 1. Layout Design Must Be Original (Section 7) A layout design must be: a) New and not previously commercially exploited It should not have been used or sold anywhere in India or abroad before filing the application. b) Results from the creator’s own intellectual effort The design must show creative input and t...

Industrial Designs & The Designs Act, 2000

Industrial Designs & The Designs Act, 2000 –  1) The Designs Act, 2000 – Overview The Designs Act, 2000 is an Indian law that protects visual / aesthetic features of industrial products. It replaces the older 1911 Act and modernizes protection to encourage innovation, creativity, and fair competition . (a) Purpose / Objectives Encourage Creativity and Innovation Designers are protected from copying, so they invest in new and attractive designs . Example: new bottle, jewellery, or mobile design . Prevent Unfair Competition Under Section 22 , copying a registered design is illegal. Example: If Company A registers a unique chair design, Company B cannot copy it. Promote Industrial Growth Protects designs in textiles, fashion, toys, electronics, automobiles, packaging . Provide Legal Rights and Market Monopoly Exclusive rights for 10 years + 5-year extension under Section 11(2) . (b) Key Definitions (Important for Exams) Section Definiti...

The Semiconductor Integrated Circuits Layout-Design Act, 2000

⚖️ The Semiconductor Integrated Circuits Layout-Design Act, 2000 (Comprehensive analysis for LLB Examination – easy, conceptual & detailed) 🔷 1️⃣ Introduction and Background In the modern era of electronics and digital technology, semiconductors and integrated circuits (ICs) are the heart of all digital devices — such as computers, smartphones, and satellites. The Semiconductor Integrated Circuits Layout-Design Act, 2000 was passed by the Parliament of India to give legal protection to original IC layout designs and to prevent piracy and imitation of microchip designs. Before this Act, Indian law protected patents, trademarks, copyrights, and designs , but microchip layouts had no separate protection . Hence, to fulfill India’s obligations under the TRIPS Agreement (Articles 35–38) , this special IP law was enacted. The Act came into force on 4th September 2000 , and the Layout-Design Registry was established in Delhi . 🔷 2️⃣ Objectives and Purpose of the Ac...

Infringement, Penalties, and Remedies under the Geographical Indications of Goods (Registration and Protection) Act, 2000

⚖️ Infringement, Penalties, and Remedies under the Geographical Indications of Goods (Registration and Protection) Act, 2000 🔹 1. Meaning of Infringement Under Section 22 of the GI Act, 2000, “infringement” occurs when any person uses a registered Geographical Indication (GI) on goods that do not originate from that region, thereby misleading the public about the true origin of the goods. 💡 Example: If someone labels their tea as “Darjeeling Tea” when it is actually grown in Assam, this is infringement — because it misleads buyers into believing that the tea comes from Darjeeling. 🔹 2. What Constitutes Infringement (Section 22) A person is said to infringe a GI when they: Use the GI on goods not originating from the registered region , misleading the public as to the true origin. Use the GI in such a manner that constitutes unfair competition (e.g., passing off). Use another GI that misleads consumers as to the origin of the product. Use a false GI , even i...

Procedure for Registration, Duration of Protection, and Renewal under the Geographical Indications of Goods (Registration and Protection) Act, 2000

🧭 Procedure for Registration, Duration of Protection, and Renewal under the Geographical Indications of Goods (Registration and Protection) Act, 2000 1️⃣ Introduction The Geographical Indications of Goods (Registration and Protection) Act, 2000 provides a legal mechanism for registration, protection, and enforcement of Geographical Indications (GIs) in India. Registration is not compulsory , but it gives statutory rights and remedies against infringement. The Registrar of Geographical Indications , functioning under the Controller General of Patents, Designs, and Trade Marks (CGPDTM) , is the main authority for administering GI registration in India. The GI Registry is located at Chennai . 🪶 A. Procedure for Registration (Sections 11–17) The procedure of registration under the Act can be divided into eight major stages 👇 Stage 1: Application for Registration (Section 11) The application for registration of a GI must be made in Form GI-1 . It can be filed by: An...

The Geographical Indications of Goods (Registration and Protection) Act, 2000

The Geographical Indications of Goods (Registration and Protection) Act, 2000 1. Introduction The Geographical Indications of Goods (Registration and Protection) Act, 2000 is a special legislation enacted by the Indian Parliament to protect goods that have a specific geographical origin and possess qualities, reputation or characteristics essentially due to that origin. It came into force on 15th September 2003 and extends to the whole of India . This Act was introduced to comply with India’s obligations under the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights) of the WTO, 1994. 2. Objectives of the Act To provide legal protection to goods that are identified by geographical indications. To prevent misuse or unauthorized use of a registered geographical indication by others. To promote rural development and protect the interests of genuine producers. To enhance the market value of traditional Indian products having unique regional characteri...

Pornography under the Information Technology Act, 2000

Pornography under the Information Technology Act, 2000 1. Introduction In the digital era, the internet has made it very easy to share photos, videos, and messages across the world. However, this also led to the misuse of technology — especially in the form of pornographic material , which includes obscene and sexually explicit content shared through social media, websites, and mobile applications. To regulate and control this misuse, the Information Technology Act, 2000 (IT Act) includes special provisions that punish online pornography and protect women and children from digital exploitation. 2. Meaning of Pornography The word ‘pornography’ comes from the Greek word “pornographos” , meaning “writing about prostitutes.” In modern terms, pornography refers to: Any material (video, image, audio, writing, animation, or drawing) that depicts sexual acts or nudity in an explicit manner with the intention to arouse sexual desire . However, the IT Act does not directl...

Obscenity under the Information Technology Act, 2000

Obscenity under the Information Technology Act, 2000 1. Introduction The concept of obscenity has evolved over time — what was once considered immoral or indecent has changed with society’s growth and exposure to media and technology. However, with the rapid expansion of the Internet , social media , and digital platforms , a new problem has emerged — the easy creation, sharing, and access of obscene and sexually explicit material online. The Information Technology Act, 2000 (IT Act) was enacted to address cybercrimes, including the transmission of obscene content through electronic means . The Act was India’s first attempt to regulate behavior in cyberspace and protect users, especially women and children , from online exploitation. 2. Meaning and Nature of Obscenity The IT Act itself does not define the word “obscenity.” To understand the concept, courts often refer to Section 292 of the Indian Penal Code (IPC) . Definition under Section 292 IPC: A publication, book,...