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

Veda Microsystems Pvt Ltd, Bengaluru, holds a registered layout-design for a power-management chip. Rohan, who is neither the proprietor nor a registered user, copies the entire registered layout-design into chips he fabricates. Under the Semiconductor Integrated Circuits Layout-Design Act, 2000, what is the position?

It is infringement. The Act treats reproducing a registered layout-design in whole or in part, by incorporating it in a chip or otherwise, as infringing when done by someone who is neither proprietor nor registered user. Sale or prior notice is not needed for the reproduction limb.

  1. AIt is infringement, because reproducing the registered layout-design in its entirety or any part, by incorporating it in a semiconductor integrated circuit or otherwise, is an infringing actCorrect
  2. BIt is not infringement unless Rohan also sells the chips
  3. CIt is infringement only if Rohan had written notice of the registration
  4. DIt is not infringement because layout-designs are protected only against importation

Explanation

Section 18(1)(a) makes reproduction of a registered layout-design in its entirety or any part, whether by incorporating it in an IC or otherwise, an infringement when done by a person who is not the proprietor or registered user. Sale is not required, which makes the second option wrong. Notice is relevant only to the innocent-dealing defence for importing or selling.

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