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Union of India - Section

Section 55 in The Semiconductor Integrated Circuits Layout-Design Rules, 2001

55. Application for registration as registered user

.-(1) An application to Registrar for the registration under section 25 of a person as a registered user of a registered layout-design shall be made jointly by that person and the registered proprietor of the layout-design on Form LD-13 accompanied by prescribed fee and shall also be accompanied by the following documents-(a)the agreement in writing or a duly authenticated copy thereof, entered into between the registered proprietor and the proposed registered user with respect to the permitted use of the layout-design;(b)the documents and correspondence, if any, mentioned in the agreement referred to in clause (a) or duly authenticated copies thereof;(c)Agreement if any or duly authenticated copies thereof, entered into between the proposed registered user and the registered proprietor as regards the price at which the semiconductor integrated circuit incorporating registered layout-design or an article incorporating such a semiconductor integrated circuit should be sold or the maintenance of particular price for such semiconductor integrated circuits or articles.
(2)There shall also be filed along with the application an affidavit made by the registered proprietor or by some person authorised to the satisfaction of the Registrar to act on his behalf giving-
(a)particulars and statements required by sub-clauses (i) to (iii) of clause (b) of sub-section (1) of section 25;
(b)a statement as to whether the layout-design which is the subject of the application has been used by him in the course of trade before the date of the application and if so the amount and duration of such use;
(c)a statement as to whether the registered proprietor has acquired title to the layout-design by way of assignment;
(d)a statement as to whether the registered proprietor had, before the date of the application for registration as registered user, allowed the use of the layout-design by any person and if so by whom;
(e)a statement whether or not the proposed permitted use is intended solely for export from India.
(3)The registered proprietor and the proposed registered user shall also produce and file such other documents and furnish such other evidence and information as may be required in that behalf by the Registrar.
(4)Notwithstanding anything contained in sub-rule (1), where more than one application for registration as registered user is made by the same registered proprietor and the same proposed registered user in respect of layout-design covered by the same agreement, the documents mentioned in sub-rule (1) may be filed with any one of the applications and a cross reference to such documents given in other application or applications.