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

Nexora Chips Pvt Ltd holds a registered layout-design. Without its consent, Vihaan Electronics fabricates integrated circuits that copy a substantial original part of that registered layout-design and sells them commercially. Under the Semiconductor Integrated Circuits Layout-Design Act, 2000, what is the position?

Vihaan infringes. The Act treats reproducing a registered layout-design, whether in its entirety or any part, as infringement by a non-proprietor, unless the copied part is not original. Since the copied part is original, copying only a portion does not save Vihaan.

  1. AVihaan infringes by reproducing the registered layout-design in part, because the copied part is originalCorrect
  2. BVihaan does not infringe, because only copying the entire layout-design is infringement
  3. CVihaan does not infringe, because reproduction is infringement only if done by importing
  4. DVihaan infringes only after paying royalty to Nexora

Explanation

Section 18(1)(a) makes reproduction of a registered layout-design in its entirety or any part thereof an infringement, except for parts that are not original. Here the copied part is original, so the exception does not apply. Option B is wrong because part-copying is expressly covered.

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