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

Arjun, an engineer at Bharat Silicon Ltd, created an original layout-design while employed there under a contract of employment that says nothing about ownership of such designs. Who holds the right of registration under the Act?

Bharat Silicon Ltd holds the right of registration. The Act provides that for an original layout-design created under a contract of employment or commission, the right belongs to the employer or commissioner unless the contract provides otherwise, and this contract is silent.

  1. AArjun, as the creator, in every case
  2. BBharat Silicon Ltd, as the employer, in the absence of a contrary contractual provisionCorrect
  3. CThe Registrar, until an assignment is made
  4. DThe Central Government

Explanation

Where an original layout-design is created under a commission or contract of employment, the right of registration belongs to the commissioner or employer, absent a contrary contract term. The contract here is silent, so the employer holds the right.

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