Any person claiming to be the creator of a layout-design, and is desirous of registering it, shall apply in writing to the Registrar in the prescribed manner for the registration of his layout-design. Provided it includes the following
A layout design not registrable
Which is not original; or
Which has been commercially exploited anywhere in India or in a conventional country; or
Which is not inherently distinctive; or
Which is not inherently capable of being distinguishable from any other registered layout design, shall not be registered as a layout design:
A layout design shall be considered to be original if it is the result of its creator's own intellectual efforts and is not commonly known to the creators of layout designs and manufacturers of semiconductor integrated circuits at the time of its creation: Provided that a layout design consisting of such combination of elements and interconnections that are commonly known among creators of layout-designs and manufacturers of semiconductor integrated circuits shall be considered as original if such combination taken as a whole is the result of its creator's own intellectual efforts.
Duration of registration. —The registration of a layout design shall be only for a period of ten years counted from the date of filing an application for registration or from the date of first commercial exploitation anywhere in India or in any country, whichever is earlier.
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