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

Meera Electronics proposes to register a layout-design built entirely from elements and interconnections that are each commonly known to designers and chip manufacturers. Its engineers chose and arranged the combination through their own intellectual efforts. Which view is correct under Section 7(2)?

The design can be treated as original. The proviso to Section 7(2) says a layout-design consisting of commonly known elements and interconnections is considered original if the combination taken as a whole results from the creator's own intellectual efforts. Known individual elements therefore do not defeat originality.

  1. AIt cannot be original, because every individual element is commonly known
  2. BIt is considered original if the combination taken as a whole is the result of the creator's own intellectual effortsCorrect
  3. CIt is original only if at least one element is new to the industry
  4. DIt is original automatically, since originality is not required for a combination

Explanation

The proviso to Section 7(2) says a design made of commonly known elements and interconnections is considered original if the combination taken as a whole is the result of the creator's own intellectual efforts. Originality is judged on the whole combination, so known individual elements do not defeat it. The first option ignores this proviso.

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