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

Nimbus Chips studies the registered layout-design of Orion Silicon through scientific analysis and creates its own layout-design that is original under the Act. Nimbus then registers it. Which statement is correct?

Nimbus may use its original design without infringing Orion's. Further, once Nimbus's design is registered, Orion's use of it would be treated as infringement. Original creation based on scientific analysis is permitted, and the Act protects the new registered design against the original proprietor.

  1. ANimbus infringes Orion's design because it was derived from analysis of it
  2. BNimbus may incorporate and deal in its design without infringement, and after Nimbus's registration Orion's use of Nimbus's design would be infringementCorrect
  3. CNimbus may use its design, but Orion may use it freely even after registration
  4. DNimbus's design is void because it was created after analysis

Explanation

Under section 18(3), a person who creates an original layout-design on the basis of scientific evaluation or analysis may use it without infringing. Under section 18(4), use of such design by the proprietor of the analysed registered design is infringement after the date of registration of the new design. So the second option is correct, and the third ignores section 18(4).

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