Layout-designs of Integrated
Circuits
[No. 6 of 2016 319
(3) The Registrar shall issue notice in the prescribed manner
of the registration of a person as a registered user to other registered
users of the layout-design, if any.
(4) The Registrar shall, if so requested by the applicant, take
steps to secure the information given for the purposes of an
application under this section from being disclosed to rivals in trade,
other than matters entered in the register.
44. (1) An exclusive assignee or licensee has the same rights
against a successor in title to the qualified owner as against the
assignor or licensor.
Rights of
exclusive
assignee or
licensee
(2) An exclusive assignee or licensee has, except against the
qualified owner, the same rights and remedies in respect of matters
occurring after the transmission effected in accordance with section
forty.
(3) An exclusive assignee’s or licensee’s rights and remedies
are concurrent with those of the qualified owner.
(4) In any proceedings brought by an exclusive assignee or
licensee, a defendant may avail any defence that would have been
available if the proceedings had been brought by the qualified owner.
(5) Nothing in this Act shall confer on a registered user or
licensee of a layout-design any assignable or transmissible right to
the use thereof, except in the following circumstances:
(a) where the registered user being an individual enters into a
partnership with any other person for carrying on the
business concerned; but in any such case the firm may
use the layout-design, if otherwise in force, only for so
long as the registered user is a member of the firm; or
(b) where the registered user being a firm subsequently
undergoes a change in its constitution; but in any such
case the reconstituted firm may use the layout-design,
if otherwise in force, only for so long as any partner of
the original firm at the time of its registration as
registered user, continues to be a partner of the
reconstituted firm.
45. (1) Without prejudice to the provisions of section forty- Cancellation
of Registered
three, the registration of a person as registered user—
User
(a) may be cancelled by the Registrar on application in writing
in the prescribed manner of the qualified owner or of
the registered user or of any other registered user of
the layout-design;