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

Ishaan Semicon independently, through its own intellectual effort and without any access to Rudra Microsystems' work, creates a layout-design that turns out identical to Rudra's registered layout-design. Ishaan then manufactures and sells ICs using it. What is the legal position?

Ishaan does not infringe. The Act provides that a person who by application of independent intellect creates a layout-design identical to a registered one commits no infringement by acts in respect of it. Mere identity is not enough; independent creation is a defence.

  1. AIshaan infringes, because identity with a registered layout-design is conclusive of infringement
  2. BIshaan infringes unless it pays royalty to Rudra
  3. CIshaan does not infringe, because independent creation by application of independent intellect is not infringementCorrect
  4. DIshaan does not infringe only if it first obtains registration of its own design

Explanation

Section 18(8) says that where a person, by application of independent intellect, creates a layout-design identical to a registered one, acts in respect of that design are not infringement. Identity alone is therefore not decisive. Option A overlooks this independent-creation defence.

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