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CS Professional · Intellectual Property Rights - Law and Practice · Types of Intellectual Property

Nisha Semiconductors, a Hyderabad firm, creates an original three-dimensional arrangement of transistors on a chip. The layout is not commonplace among creators. Under which framework is the layout-design protected, and what is a key condition?

The layout-design is protected under the Semiconductor Integrated Circuits Layout-Design Act, 2000. Registration requires that it be original, distinctive and capable of being distinguished, and not commercially exploited for more than two years before the application, so options relying on designs, patents or copyright are incorrect.

  1. AThe Designs Act, 2000, if it has visual eye appeal
  2. BThe Semiconductor Integrated Circuits Layout-Design Act, 2000, if it is original, distinctive and not commercially exploited for more than two years before filingCorrect
  3. CThe Patents Act, 1970, only if the circuit is first exploited commercially for ten years
  4. DThe Copyright Act, 1957, with automatic protection and no registration or conditions

Explanation

Layout-designs of integrated circuits are protected under the SICLD Act, 2000 through registration. The layout must be original, distinctive, inherently capable of being distinguishable, and not commercially exploited anywhere in India or a convention country for more than two years before the filing date. The Designs Act excludes layout-designs.

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