SEMICONDUCTOR INTEGRATED CIRCUIT LAYOUT DESIGN-The EVOLVING I.P.

Srishti Shrivastava

Assistant Professor

Faculty of Law, Kalinga University.

Email Id- srishti.shrivastava@kalingauniversity.ac.in

The shift of the world economy from tangible to intangible property has been significant. The growth of Intellectual property in recent times has been tremendous owing to the vast economic resource the property contains in itself. The value of knowledge and intellect is actually what endows value to the economic aspect of the Intellectual property. Trade around the world have valued the intellectual properties which are new and hence it’s constantly evolving to acquire one form or another Semiconductors Integrated Circuit layout design is one such Intellectual property which have actually been instrumental in reducing the size of the computers form a giant size to the size of a palm. The arrangement of the layers of the circuit is what gives it the required intellect to acquire protection in the IPR regime. The most important aspect which has made modern world a compact is the easy dissemination of data which has also been possible due to this IP, the capability of these chips to store massive data is what makes this a valuable asset. India has a separate act which extends protection to these chips. The Indian government having ratified the Trade related aspects of Intellectual property, which contains in Part II of section 6 about the Layout-Design Integrated Circuit, in order to fulfil the obligation the Semiconductor Integrated Circuit Design Bill was introduced which in the parliament and hence the act was formed.

In the modern world of science and technology, Integrated circuits are playing a vital role, be it in the field of space science, communications, defence, education, automobiles etc. The journey from Super computers which are very robust in their shape and size to the inventions of PC’s laptops, mobile phones, memory cards, SIM cards televisions, modern electrical appliances and many more which are very small in size that of a human nail was not at all possible without the evolution of Integrated Circuits.

Due to the paucity of present Intellectual Property laws to protect the Semiconductor chips, a sui generis law is needed in this regard. concerns were raised about the lack of protection on internal layout of semiconductor products. Owing to the need of an hour, a diplomatic conference was held at Washington, D.C., in the year 1989. The outcome of which was the Washington Treaty or IPIC Treaty (Intellectual Property in respect of Integrated Circuit) which was signed on 26th May, 1989 and was open to States members of WIPO or United Nations. The treaty provides that all the member states has freedom to implement its obligation of protecting layout design of a semiconductor integrated circuit. After these developments, the World Intellectual Property Organisation (WIPO), realised the importance of protection of layout design of an integrated circuit and decided to establish a treaty globally. It laid down the standards for protection of integrated circuits layout design which was the Washington Treaty itself. Due to resistance from USA and Japan, the treaty was failed[1].

Article 35 of the TRIPS Agreement mandates its member countries to protect the layout-designs of integrated circuits in accordance with the provisions of the IPIC Treaty (the Treaty on Intellectual Property in Respect of Integrated Circuits), negotiated under the auspices of WIPO in 1989.

INDIAN LAWS- SEMICONDUCTOR INTEGRATED CIRCUIT LAYOUT-DESIGN ACT, 2000

India being a signatory of the WTO passed an Act in conformity with the TRIPS agreement called the Semiconductor Integrated Circuits Layout-Design Act (SICLDA) in the year 2000. It fulfils the obligations of TRIPS agreement (Art.35 to 38) regarding the protection of semiconductor integrated circuits layout- designs.

Conclusion-

With the evolving I.T. industry such Intellectual property not only is important but holds a special place in the laws to extend protection and this obligation comes not only with the fulfillment of the obligation under the TRIPs but also comes handy when the size of I.T. industry is  taken into consideration and protection is extended to it. Although the laws surrounding semiconductor chips is fairly new as compared to other intellectual property laws in the country but when we look at  the relevance of it, it acquires no less of a place among other I.P.s in the country,

[1] V. Jayshree, Semiconductor Integrated Circuit Layout Design: An Intellectual Property Protection in Indian Regime (April. 13; 7:00 pm), http://corporatelawreporter.com/2016/11/21/semiconductor-integrated-circuit-layoutdesign-an-intellectual-property-protection-in-indian-regime/.