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

Arjun designed a layout-design for a memory chip by arranging transistor blocks and interconnections that are all commonly known among layout-designers. The overall combination, however, was the result of his own intellectual efforts. Is the layout-design original under Section 7?

Yes, it is original. The proviso to Section 7(2) says a combination of elements and interconnections that are commonly known is considered original if the combination taken as a whole is the result of the creator's own intellectual efforts. Each element need not be new.

  1. ANo, because every element used is commonly known
  2. BNo, because originality requires at least one element that is unknown to the trade
  3. CYes, because a combination of commonly known elements is original if the combination taken as a whole is the result of the creator's own intellectual effortsCorrect
  4. DYes, but only if the combination has been commercially exploited for two years

Explanation

Section 7(2) says a layout-design is original if it results from the creator's own intellectual efforts and is not commonly known. Its proviso treats a combination of commonly known elements as original if the combination as a whole results from the creator's own intellectual efforts. Novelty of each element is not required.

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