CS Professional · Intellectual Property Rights - Law and Practice · Layout-Designs of Integrated Circuits
Anvay Designs analyses Zenith Corp's registered layout-design and, on that basis, creates its own layout-design that is original under the Act's originality test, and incorporates it in ICs. Later, Anvay's design is registered. Which statement is correct?
Anvay's acts are not infringement because its layout-design, though created through analysis of Zenith's, is original. Moreover, once Anvay's design is registered, any use of it by Zenith, the original proprietor, is regarded as infringement.
- AAnvay infringes Zenith's design because it was derived from analysis of it
- BAnvay's acts are not infringement, but if Zenith uses Anvay's registered layout-design after its registration, that use is regarded as infringementCorrect
- CAnvay's acts are not infringement, and Zenith may freely use Anvay's design after its registration
- DAnvay's acts are infringement unless Zenith consents in writing
Explanation
Section 18(3) lets a person who creates an original layout-design on the basis of scientific evaluation or analysis incorporate and deal with it without infringement. Section 18(4) adds that use of that design by the original proprietor after its registration is regarded as infringement. So option B alone is right; option C ignores sub-section (4).
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