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

Ritu Chips Pvt Ltd employs engineer Anand, who creates an original layout-design in the course of employment. His contract is silent on who may seek registration. Who has the right of registration under the Act?

Ritu Chips Pvt Ltd holds the right of registration. Under Section 7(3), when an original layout-design is created under a contract of employment or commission, the right belongs to the employer or commissioner unless the contract says otherwise. Anand's contract is silent, so the default rule favours the employer.

  1. AAnand, as the creator, in all cases
  2. BRitu Chips Pvt Ltd, as employer, in the absence of a contrary contractual provisionCorrect
  3. CThe Registrar, until the parties agree
  4. DThe Central Government, since the design is a semiconductor matter

Explanation

Section 7(3) states that where an original layout-design is created under a commission or contract of employment, the right of registration belongs, absent a contrary contractual provision, to the person who commissioned it or the employer. The contract is silent, so the employer holds the right.

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