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CS Professional · Intellectual Property Rights - Law and Practice · Layout-Designs of Integrated Circuits

Anaya Semicon employs designer Rohit, who creates an original layout-design in the course of his employment contract. The contract is silent on who owns the right of registration. Under the Act, who holds the right of registration?

The right of registration belongs to Anaya Semicon, the employer. The Act provides that for a layout-design created under a contract of employment or commission, the right of registration goes to the employer or commissioner unless the contract provides otherwise.

  1. ARohit, as the creator
  2. BAnaya Semicon, as the employerCorrect
  3. CThe Registrar, until a dispute is resolved
  4. DRohit and Anaya Semicon jointly in equal shares

Explanation

Where an original layout-design is created under a commission or contract of employment, the right of registration belongs, absent a contrary contractual provision, to the person who commissioned the work or to the employer. The contract is silent, so the employer holds it.

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