NEW ERA, NEW LAW 

Avaniraj K. S.
Cochin University of Science and Technology (CUSAT) , Ernakulam

Abstract 

Every morning, everyone wakes up with new dreams, ideas and passion. In this growing world, what we need is innovative ideas, and laws which support and protect such ideas. The blog explores the ideas of Semiconductor Integrated Circuits Layout-Design Act, 2000. When some inventions cannot be registered under patent or copyrights act, they can be registered under the Semiconductor Integrated Circuits Layout-Design Act, 2000, if it follows the needed requirements.

Introduction 

“Salus Populi Est Supreme Lex” 

Did our great ancestors ever think of a digitalized era? Does anyone, back then, expected that we could talk from a far distance? Today, in this age, we can literally call anyone and see them through gadgets like mobile phones or laptops. The above maxim says that “The welfare of the people is the supreme law.” Just think like, why we depend upon a law, or why we follow laws? What is the ultimate purpose of law? Do you know what a semiconductor is? This blog explores the meaning and usage of the act. 

New era, new technologies 

Today, it’s a fast growing world. Day by day, new inventions are being invented, they may differ in their use, characters, and features. Someone invents it and we use it, right? But think, what if someone steals your intellectual technical idea and make profit out of it, can you accept it? Does that feel fair? Like taking advantage of someone else’s efforts? I don’t think so. But what if there is no law connecting and finding solutions. This was the situation until the Semiconductor Integrated Circuits Layout-Design Act, 2000 was enacted for semiconductor circuits.

Semiconductor Integrated Circuits Layout-Design Act, 2000. 

A layout design is mentioned under section 2(h) of the Semiconductor Integrated Circuits Layout-Design Act, 2000, which says that a layout of transistors and other circuitry elements and includes lead wires connecting such elements and expressed in any manner in a semiconductor integrated circuit. Just imagine the working of a machine without it’s ‘working mechanism’, does it work? Every machine needs a working mechanism, right? It cannot work through simply a body. They require certain steps to make such things and certain ways to implement it. 

When books were placed 

There is a saying called ‘a library with no books’, this is something I felt very exciting. Yeah, what you expect when you hear the word ‘library’, a bundle of books, rights? But what if, there are no books. Is that useful? Can I call it a perfect library? Likewise, an act with no law or no implementation has no use, it’s purely a waste. Once, the Semiconductor Integrated Circuits Layout-Design Act, 2000, stood like a library without any readers. The Texas Instruments, in 2015 was the first to file and get registered under this act. The Texas Instruments filed for the protection of their sophisticated Digital Signal Processor (DSP), through this it defined the term ‘original’, that is, it distinguished the difference between the ‘originality’ and ‘novelty’ of a product. Novelty means the invention or production of any new products, which didn’t even exist, whereas ‘originality’ means, it does not specifically mean that, the materials or anything used for making the product need not be new, but such combination must be new and original, which should be done with the intellectual ability of the person, who applied for the registration, otherwise, it cannot be considered. 

In another case called the Microfibres Inc. v. Girdhar & Co. & Anr., the court clarified clearly that the designs applied to some areas like the industrial chips cannot get protection under the Copyright Act, 1957, like an ‘artistic work.’ Rather, the protection for such things can be granted under the Semiconductor Integrated Circuits Layout-Design Act, 2000. The ruling of this case also serves as a needed boundary to the intellectual property. 

Obtaining Registration

Have you ever heard of ‘First come, first serve’ principle, the person who came first will get the thing fist, similarly the person who first apply for the registration will be registered first.  But before applying or filing for registration, the design must have passed through the section 7 of the Semiconductor Integrated Circuits Layout Design Act, 2000, which says about the ‘Prohibition’ Test. A layout design cannot be registered under the act, if it is not original, that is, if it is similar to a pre-existing design, and, it should have been created with the creator’s own intellectual efforts. It should not have been commercialized for more than 2 years, before the submission of the application. It should be ‘inherently capable of distinguishing’ among any other registered layout design, which means it should not be either a copy of the pre-existing design or been registered earlier.  

Conclusion

With change in time, change in technologies and other features are essential, we cannot use same technologies for a longer period of time, since the needs of people changes with time, and the laws to protect such needs become important. The Semiconductor Integrated Circuits Layout-Design Act, 2000, emerged when certain registration could not be done under the ‘Patent’ or ‘Copyrights’ Act.

References

Semiconductor Integrated Circuits Layout-Design Act, 2000 

LawBhoomi, ‘Intellectual Property Rights Notes’, (11 April 2026), [Intellectual Property Rights Notes

Dhyeya Law, ‘The Significance of Semiconductors and IP’, (15 October 2025) [Semiconductors & Intellectual Property: India’s Legal Framework and Strategic Importance

Microfibres Inc. v. Girdhar & Co. &Anr.,(2009) ,(2009 SCC OnLine Del 1647) 

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