32. Establishment of Layout-Design Appellate Board.—The Central Government shall, by
notification in the Official Gazette, establish an Appellate Board to be known as the Layout-Design
Appellate Board to exercise the jurisdiction, powers and authority conferred on it by or under this Act.
33. Composition of Appellate Board.—(1) The Appellate Board shall consist of a Chairperson,
Vice-Chairperson, and such other Members as the Central Government may deem fit and, subject to the
other provisions of this Act, the jurisdiction, powers and authority of the Appellate Board may be
exercised by a Bench thereof.
(2) Subject to the other provisions of this Act, a Bench shall consist of one Judicial Member and one
Technical Member and shall sit at such place as the Central Government may, by notification in the
Official Gazette, specify.
(3) Notwithstanding anything contained in sub-section (2), the Chairperson—
(a) may, in addition to discharging the functions of the Judicial Member or Technical Member of
the Bench to which he is appointed, discharge the function of the Judicial Member or, as the case may
be, the Technical Member, of any other Bench;
(b) may transfer a Member from one Bench to another Bench;
(c) may authorise Vice-Chairperson, the Judicial Member or the Technical Member appointed to
one Bench to discharge also the functions of the Judicial Member or the Technical Member, as the
case may be, of another Bench.
(4) Where any Benches are constituted, the Central Government may, from time to time, by
notification, make provisions as to the distribution of the business of the Appellate Board amongst the
Benches and specify the matters which may be dealt by each Bench.
Explanation.—For the removal of doubts, it is hereby declared that the expression “matter” includes
an application or appeal under section 40 or section 42.
(5) If the Members of a Bench differ in opinion on any point, they shall state the point or points on
which they differ, and make a reference to the Chairperson who shall either hear the point or points
himself or refer the case for hearing on such point or points by one or more of the other Members and
such point or points shall be decided according to the opinion of the majority of the Members who have
heard the case including those who first heard it.
34. Qualifications for appointment as Chairperson, Vice-Chairperson, or other Members.—(1)
A person shall not be qualified for appointment as Chairperson unless he—
(a) is, or has been, a Judge of a High Court; or
(b) has, for at least two years, held the office of a Vice-Chairperson.
(2) A person shall not be qualified for appointment as a Vice-Chairperson, unless he—
(a) has, for at least two years, held the office of a Judicial Member or a Technical Member; or
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(b) has been a member of the Indian Legal Service and has held a post in Grade I of that Service
or any higher post for at least five years.
(3) A person shall not be qualified for appointment as a Judicial Member unless he—
(a) has been a member of the Indian Legal Service and has held the post in Grade I of that Service
for at least three years; or
(b) has, for at least ten years, held a civil judicial office.
(4) A person shall not be qualified for appointment as a Technical Member, unless he possesses a
Master's Degree in Physics or Bachelor's Degree in Electronics Engineering or Electrical Engineering or
Computer Engineering from an University or Institution established under law for the time being in force
and has held a post equivalent to the post of Joint Secretary to the Government of India or any higher post
for at least five years and possesses at least five years’ experience in the area of semiconductors.
(5) Subject to the provisions of sub-section (6), the Chairperson, Vice-Chairperson and every other
Member shall be appointed by the President of India.
(6) No appointment of a person as the Chairperson shall be made except after consultation with the
Chief Justice of India.
35. Term of office of Chairperson, Vice-Chairperson and Members.—The Chairperson, ViceChairperson or other Member shall hold office as such for a term of five years from the date on which he
enters upon his office or until he attains,—
(a) in the case of Chairperson and Vice-Chairperson, the age of sixty-five years; and
(b) in the case of Member, the age of sixty-two years, whichever is earlier.
36. Vice-Chairperson or senior-most Member to act as Chairperson or discharge his function in
certain circumstances.—(1) In the event of occurrence of any vacancy in the office of the Chairperson
by reason of his death, resignation or otherwise, the Vice-Chairperson and in his absence the senior-most
Member shall act as Chairperson until the date on which a new Chairperson, appointed in accordance
with the provisions of this Act to fill such vacancy, enters upon his office.
(2) When the Chairperson in unable to discharge his functions owing to his absence, illness or any
other cause, the Vice-Chairperson and in his absence the senior-most Member shall discharge the
functions of the Chairperson until the date on which the Chairperson resumes his duty.
37. Salaries, allowances and other terms and conditions of service of Chairperson, ViceChairperson and other Members.—(1) The salaries and allowance payable to, and other terms and
conditions of service (including pension, gratuity and other retirement benefits) of, the Chairperson,
Vice-Chairperson and other Members shall be such as may be prescribed.
(2) Notwithstanding anything contained in sub-section (1), a person who, immediately before the date
of assuming office as the Chairperson, Vice-Chairperson or other Member, was in service of Government
shall be deemed to have retired from service on the date on which he enters upon as the Chairperson,
Vice-Chairperson or other Member, as the case may be.
38. Resignation and removal.—(1) The Chairperson, Vice-Chairperson and any other Member may,
by notice in writing under his hand addressed to the President of India, resign his office:
Provided that the Chairperson, Vice-Chairperson or any other Member shall, unless he is permitted by
the President of India to relinquish his office sooner, continue to hold office until the expiry of three
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months from the date of receipt of such notice or until a person duly appointed as his successor enters
upon his office or until the expiry of his term of office, whichever is earlier.
(2) The Chairperson, Vice-Chairperson or any other Member shall not be removed from his office
except by an order by the President of India on the ground of proved misbehaviour or incapacity after an
enquiry made by a Judge of the Supreme Court in which the Chairperson, Vice-Chairperson or other
Member has been informed of the charges against him and given a reasonable opportunity of being heard
in respect of those charges.
(3) The Central Government may, by rules, regulate the procedure for the investigation of
misbehaviour or incapacity of the Chairperson, Vice-Chairperson or other Member referred to in
sub-section (2).
39. Staff of Appellate Board.—(1) The Central Government shall determine the nature and
categories of the officers and other employees required to assist the Appellate Board in the discharge of
its functions and provide the Appellate Board with such officers and other employees as it may think fit.
(2) The salaries and other allowances and conditions of service of the officers and other employees of
the Appellate Board shall be such as may be prescribed.
(3) The officers and other employees of the Appellate Board shall discharge their functions under the
general superintendence of the Chairperson in the manner as may be prescribed.
40. Application to the Appellate Board to determine royalty.—(1) The registered proprietor of a
registered layout-design may make an application to the Appellate Board for determination of royalty
under sub-section (5) of section 18.
(2) Every application under sub-section (1) shall be in such form and be accompanied by such
affidavits, documents or any other evidence and by such fee in respect of the filing of such application
and by such other fees for the service or execution of processes as may be prescribed.
(3) On receipt of an application under sub-section (1), the Appellate Board shall, after giving notice to
the opposite party to file opposition within the prescribed time and manner and after giving opportunity of
being heard to the applicant and the opposite party, dispose of the application.
(4) An order or decision made by the Appellate Board in disposing of the application under subsection (3) shall be executable by a civil court having local jurisdiction as if it were a decree made by that
court.
41. Power of the Board to cancel registration.—(1) Any person may make an application, in the
prescribed form accompanied by prescribed fee, to the Appellate Board for cancellation of the registration
of a layout-design registered under this Act or registration of assignment or transmission relating thereto,
as the case may be, on the ground that—
(a) in the case of the registration of a layout-design, the layout-design is prohibited for being
registered under section 7; or
(b) in the case of the registration of assignment or transmission relating to a registered layoutdesign, such assignment or transmission is contrary to any provision of the law for the time being in
force.
(2) The Appellate Board shall, on receipt of an application under sub-section (1), give notice to the
opposite parties in the prescribed manner and after giving them an opportunity of being heard, make such
order as it may deem fit regarding cancellation of registration:
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Provided that where the ground of cancellation has been established with respect only to a part of a
layout-design, the Board shall cancel only such part and the remaining part of the layout-design if capable
of performing as a semiconductor integrated circuit shall be retained as registered on the register in the
name of the registered proprietor of such layout-design.
(3) Any cancellation of the registration of a layout-design either in whole or in part under sub-section
(2) shall be deemed to be effective on the date from which the period of ten years referred to in section 15
is countable in respect of that layout-design.
(4) The Appellate Board shall, without delay after making any order of cancellation under sub-section
(2), send a copy of such order to the Registrar who shall correct the register to give effect to such order.
42. Appeal to Appellate Board.—(1) Any person aggrieved by an order or decision of the Registrar
under this Act, or the rules made thereunder may prefer an appeal to the Appellate Board within three
months from the date on which the order or decision sought to be appealed against is communicated to
such person preferring the appeal.
(2) No appeal shall be admitted if it is preferred after the expiry of the period specified under subsection (1):
Provided that an appeal may be admitted after the expiry of the period specified therefor, if the
appellant satisfies the Appellate Board that he had sufficient cause for not preferring the appeal within the
specified period.
(3) An appeal to the Appellate Board shall be in the prescribed form and shall be verified in the
prescribed manner and shall be accompanied by a copy of the order or decision appealed against and by
such fees as may be prescribed.
43. Procedure and powers of Appellate Board.—(1) The Appellate Board shall not be bound by the
procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by principles of
natural justice and, subject to the provisions of this Act and the rules made thereunder, the Appellate
Board shall have powers to regulate its own procedure including the fixing of places and times of its
hearing.
(2) The Appellate Board shall have, for the purpose of discharging its functions under this Act, the
same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while
trying a suit in respect of the following matters, namely:—
(a) receiving evidence;
(b) issuing commissions for examination of witnesses;
(c) requisitioning any public record; and
(d) any other matter which may be prescribed.
(3) Any proceeding before the Appellate Board shall be deemed to be a judicial proceeding within the
meaning of sections 193 and 228, and for the purpose of section 196 of the Indian Penal Code (45 of
1860), and the Appellate Board shall be deemed to be a civil court for all the purposes of section 195 and
Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).
44. Bar of jurisdiction of courts, etc.—No court or other authority shall have or, be entitled to,
exercise any jurisdiction, powers or authority in relation to the matters referred to in sub-section (1) of
section 40 or sub-section (1) of section 42.
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45. Bar to appear before Appellate Board.—On ceasing to hold office, the Chairperson, ViceChairperson or other Members shall not appear before the Appellate Board or the Registrar.
46. Conditions as to making of interim order.—Notwithstanding anything contained in any other
provisions of this Act or in any other law for the time being in force, no interim order (whether by way of
injunction or stay or any other manner) shall be made on, or in any proceedings relating to, an appeal
unless—
(a) copies of such appeal and of all documents in support of the plea for such interim order are
furnished to the party against whom such appeal is made or proposed to be made; and
(b) opportunity is given to such party to be heard in the matter.
47. Power of Chairperson to transfer cases from one Bench to another.—On the application of
any of the parties and after notice to the parties, and after hearing such of them as he may desire to be
heard, or on his own motion without such notice, the Chairperson may transfer any case pending before
one Bench, for disposal, to any other Bench.
48. Procedure for application for rectification, etc., before Appellate Board.—(1) An application
for rectification of the register made to the Appellate Board under section 30 shall be in such form as may
be prescribed.
(2) A certified copy of every order or judgment of the Appellate Board relating to a registered layoutdesign under this Act shall be communicated to the Registrar by the Board and the Registrar shall give
effect to the order of the Board and shall, when so directed, amend the entries in, or rectify, the register in
accordance with such order.
49. Appearance of Registrar in legal proceedings.—(1) The Registrar shall have the right to appear
and be heard—
(a) in any legal proceedings before the Appellate Board in which the relief sought includes
alteration or rectification of the register or in which any question relating to the practice of the
Semiconductor Integrated Circuit Layout-Design Registry is raised;
(b) in any appeal to the Board from an order of the Registrar on an application for registration of
a layout-design—
(i) which is not opposed, and the application is either refused by the Registrar or is accepted
by him subject to any amendments or modifications, or
(ii) which has been opposed and the Registrar considers that his appearance is necessary in
the public interest,
and the Registrar shall appear in any case if so directed by the Board.
(2) Unless the Appellate Board otherwise directs, the Registrar may, in lieu of appearing, submit a
statement in writing signed by him, giving such particulars as he thinks proper of the proceedings before
him relating to the matter in issue or of the grounds of any decision given by him affecting it, or of the
practice of the Semiconductor Integrated Circuits Layout-Design Registry in like cases, or of other
matters relevant to the issues and within his knowledge as Registrar, and such statement shall be evidence
in the proceeding.
50. Registrar to refer certain disputes to the Board.—If any question arises in any proceedings
before Registrar, whether a layout-design has been commercially exploited for more than two years
anywhere in a convention country for the purpose of registration of such layout-design under this Act, the
Registrar shall refer such question to the Appellate Board, and the decision of the Board thereon shall be
final.
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51. Power of the Board to permit certain uses.—(1) Notwithstanding anything contained in this
Act, the Appellate Board may on an application made in the prescribed manner before it on behalf of the
Government or by any person authorised by the Government and after giving notice of such application to
the registered proprietor of a layout-design and providing the opportunity of being heard to the parties
concerned permit the use of such registered layout-design by the Government or by such person so
authorised, as the case may be, subject to any or all of the following conditions as the Board deems fit
under the circumstances of such use, namely:—
(a) that the use of the layout-design shall be for non-commercial public purposes or for the
purposes relating to national emergency or of extreme public urgency;
(b) that the duration of the use of the layout-design shall be limited for a period specified by the
Board.
(c) that the use of the layout-design shall be non-assignable and non-transmissible;
(d) that the use of the layout-design shall be to the extent which the Board deems necessary to
remedy the anti-competitive practice;
(e) that the use of the layout-design shall be predominantly for the supply of semiconductor
integrated circuits or articles incorporating semiconductor integrated circuits in domestic market of
India:
Provided that Board shall not permit the use of a registered layout-design, by any such person
authorised by the Government, under this sub-section unless the Board is satisfied that such person so
authorised has made efforts to enter into agreement with the registered proprietor of such layout-design
on reasonable commercial terms and conditions for permitted use of such layout-design and such efforts
had not been successful within prescribed period:
Provided further that the first proviso shall not be applicable in a case where the person so authorised
produces to the Board a certificate issued by the Government to the effect that such use is required due to
national emergency or any other circumstances which the Government considers to be of extreme urgency
or of public non-commercial use.
(2) The Appellate Board shall, while granting the permission for the use of a registered layout-design
under sub-section (1), determine the amount of royalty to be paid by the Government or the person
authorised by the Government, as the case may be, to the registered proprietor of such layout-design for
such permitted use.
(3) The Appellate Board may, on the application of the registered proprietor of a layout-design
referred to in sub-section (1), may review the permission granted under that sub-section and, after giving
notice and opportunity of hearing to the parties concerned in the prescribed manner, cancel or amend such
permission if the Board is satisfied that any of the conditions subject to which the permission was granted
has not been observed or the circumstances which led to the granting of such permission has ceased to
exist or substantially altered.
52. Costs of Registrar in proceedings before Appellate Board.—In all proceedings under this Act
before the Appellate Board the costs of the Registrar shall be in the discretion of the Board, but the
Registrar shall not be ordered to pay the costs of any of the parties.
53. Appeal.—(1) Any person aggrieved by any decision or order of the Appellate Board under this
Act may, within the prescribed period appeal to the High Court within whose the jurisdiction of head
office or the branch office of the Semiconductor Integrated Circuits Layout-Design Registry against the
decision or order of which the appeal arises is situated.
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(2) Every such appeal shall be preferred by petition in writing and shall be in such form and shall
contain such particulars as may be prescribed.
(3) Subject to the provisions of this Act and the rules made thereunder, the provisions of the Code of
Civil Procedure, 1908 (5 of 1908) shall apply to appeals before a High Court under this Act.
54. Powers of High Courts to make rules.—The High Court may make rules consistent with this
Act as to the conduct and procedure of all proceeding under this Act before it.
55. Transitional provisions.—Notwithstanding anything contained in this Act, till the establishment
of the Appellate Board under section 32, the Intellectual Property Appellate Board establishment under
section 83 of the Trade Marks Act, 1999 (47 of 1999) shall exercise the jurisdiction, powers and authority
conferred on the Appellate Board under this Act subject to the modification that in any Bench of such
Intellectual Property Appellate Board constituted for the purposes of this section, for the Technical
Member referred to in sub-section (2) of section 84 of the Trade Marks Act, 1999, the Technical Member
shall be appointed under this Act and he shall be deemed to be the Technical Member for constituting the
Bench under the said sub-section (2) of section 84 for the purposes of this Act