INDUSTRIAL DESIGN AND LAYOUT DESIGNS OF INTEGRATED CIRCUITS

Sec. 114. Contents of the Application. -

114.1. Every application for registration of an industrial design or layout-design shall contain:

(a) A request for registration of the industrial design or layout-design;

(b) Information identifying the applicant;

(c) An indication of the kind of article of manufacture or handicraft to which the industrial design or layout-design shall be applied;

(d) A representation of the article of manufacture or handicraft by way of drawings, photographs or adequate graphic representation of the industrial design or of the layout-design as applied to the article of manufacture or handicraft which clearly and fully discloses those features for which protection is claimed; and

(e) The name and address of the creator, or where the applicant is not the creator, a statement indicating the origin of the right to the industrial design or layout-design registration.

114.2. The application may be accompanied by a specimen of the article embodying the industrial design or layout-design and shall be subject to the payment of the prescribed fee.

Cancellation of

Design

Registration

End

Detail 3

Application,

Examination

and

Registration

INDUSTRIAL DESIGN AND LAYOUT DESIGNS OF INTEGRATED CIRCUITS

Industrial

Design

Integrated Circuit

Sec. 112

An Industrial Design is any composition of lines or colors or any three-dimensional form, whether or not associated with lines or colors: Provided that such composition or form gives a special apperance to and can serve as pattern for an industrial product or handicraft.

A product, in its final form, or an intermediate form, in which the elements , at least one of which is an active element and some or all of the interconnections are integrally formed in and or on a piece of material, and which is intended to perform an electronic function.

An industrial design is the ornamental or aesthetic aspect of an article.

Why Protected?

Protection

Protecting industrial designs helps economic development, by encouraging creativity in the industrial and manufacturing sectors,

as well as in traditional arts and crafts.

They contribute to the expansion of commercial activities and the export of national products. Industrial designs can be relatively simple and inexpensive to develop and protect.

They are reasonably accessible to small and medium-sized enterprises

as well as to individual artists and craftsmen,

in both industrialized and

developing countries.

Protection

Sec.113

Only layout-designs of integrated circuits that are original shall be protected.

A layout-design consisting of a combination of elements and interconnections that are commonplace shall be protected only if the combination, taken as a whole, is original.

Sec.113

Only industrial designs that are NEW or ORNAMENTAL shall be protected.

Industrial designs dictated essentially

by technical or functional considerations

to obtain a technical result or those

that are contrary to public order,

health or morals shall

not be protected.

Term of Protection

Why Protected?

IC layout designs are usually the result of an enormous investment, both in terms of the time of highly qualified experts, and financially.

The possibility of copying by photographing each layer of an integrated circuit and

preparing masks for its production on the basis of the photographs obtained is the main reason

for the introduction of legislation for the protection of layout-designs.

Term of Protection

118.5. Registration of a layout-design

shall be valid for a period often (10) years,

without renewal, and such validity

to be counted from the date of

commencement of

the protection accorded to

the layout-design.

The protection of a layout-design

shall commence:

Non-registrable Industrial Designs

118.1. The registration of an industrial design shall be for a period of five (5) years from the filing date of the application.

118.2. The registration of an industrial design may be renewed for not more than two (2) consecutive periods of five (5) years each, by paying the

renewal fee.

(a) Industrial designs that are dictated essentially by technical or functional considerations to obtain a technical result;

(b) Industrial designs which are mere schemes of surface ornamentations existing separately from the industrial product or handicraft; and

(c) Industrial designs which are contrary to public order, health, or morals.

b) on the filing date accorded to the application for the registration of the layout-design if the layout-design has not been previously exploited commercially anywhere in the world.

Rights Conferred to the Owner of the Industrial Design and Layout-Design

a) on the date of the first commercial exploitation, anywhere in the world, of the layout-design by or with the consent of the right holder: Provided, That an application for registration is filed with the Intellectual Property Office within two (2) years from such date of first commercial exploitation; or

Layout Designs:

Industrial Designs:

(i) the layout-design is not protectable under this Act;

(ii) the right holder is not entitled to protection under this Act; or

(iii) where the application for registration of the layout-design, was not filed within two (2) years from its first commercial exploitation anywhere in the world.

*Where the grounds for cancellation are established with respect only to a part of the layout-design, only the corresponding part of the registration shall be canceled.

*Any canceled layout-design registration or part thereof, shall be regarded as null and void from the beginning and may be expunged from the records of the Intellectual Property Office.

(a) If the subject matter of the industrial design is not registerable within the terms of Sections 112 and 113;

(b) If the subject matter is not new; or

(c) If the subject matter of the industrial design extends beyond the content of the application as originally filed.

* Where the grounds for cancellation relate to a part of the industrial design, cancellation may be effected to such extent only. The restriction may be effected in the form of an alteration of the effected features of the design.

The owner of the industrial design shall have following exclusive rights:

(a) to restrain, prohibit and prevent any unauthorized person or entity from making, using, offering for sale, selling or importing that product;

(b) the right to assign, or transfer by succession the right to the industrial design, and to conclude licensing contracts for the same.

119.4. Rights Conferred to the Owner of a Layout-Design Registration. - The owner of a layout-design registration shall enjoy the following rights:

(1) to reproduce, whether by incorporation in an integrated circuit or otherwise, the registered layout-design in its entirety or any part thereof, except the act of reproducing any part that does not comply with the requirement of originality; and

(2) to sell or otherwise distribute for commercial purposes the registered layout design, an article or an integrated circuit in which the registered layout-design is incorporated.