I write this post with Indian audience in mind. When reading about or discussing IP laws or rights, we tend to think only of patents, copyrights, trademarks and maybe designs. There are however other intellectual property (IP) laws in India.

For instance, integrated circuit layouts are protected by the Semiconductor Integrated Circuits Layout- Designs (SICLD) Act, 2000 (the “Act”) and its Rules. The lack of knowledge, information and zeal surrounding this law could probably be because it was enacted in 2000 and but substantive provisions were brought in force in only in May 2011 after being in abeyance for more than a decade.

A cursory look at the Act suggests that a government office called the SICLD Registry (the “Registry”) would be established for administering the official functions described in the Act. This office was established in May 2004.

Out of sheer curiosity, I did an internet search and found that the Registry has been functioning since May 2011. Every month since then until January 2014, it has faithfully released its journal (called the Semiconductor Integrated Circuits Layout-Design Journal) for any applications published or corrected in the previous month. Unfortunately though, it is yet to receive its first application. Therefore every journal until the latest just states that no applications were received in the previous month. Typical of intellectual property laws, a registered layout design provides the owner with the exclusive right to use (i.e., commercially exploit by selling, importing, reproducing, distributing etc.) the design.

With many fabless companies having their offices in India, it is rather surprising that not one of them has opted to protect their layout-designs in India. Unlike trademarks or copyright even which are protected through common law or statute even when not registered, a layout-design is protected only when registered. Registering a layout-design does not seem too complicated either. In fact, the procedure and timelines described in the Act and the Rules seem to echo the procedure and timelines for registering a trademark. But I believe registering a layout-design would be quicker initially given the lack of applications.

Interestingly, creating awareness for protection layout designs is one of the goals of the Registry. However, I am not aware of any public awareness sessions or workshops conducted by this Registry. I am sorely tempted to file an application just to see how the procedure for layout-design protection unfolds. As I wait for an opportune moment for this, feel free to let us know your thoughts and questions.