SICLD Act 41Chapter VIII · Appellate Board
Section 41 · Power of the Board to cancel registration
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(1) Any person may make an application, in the
prescribed form accompanied by prescribed fee, to the Appellate Board for cancellation of the registration
of a layout-design registered under this Act or registration of assignment or transmission relating thereto,
as the case may be, on the ground that--
(a) in the case of the registration of a layout-design, the layout-design is prohibited for being registered under section 7; or
(b) in the case of the registration of assignment or transmission relating to a registered layoutdesign, such assignment or transmission is contrary to any provision of the law for the time being in force.
(2) The Appellate Board shall, on receipt of an application under sub-section (1), give notice to the opposite parties in the prescribed manner and after giving them an opportunity of being heard, make such order as it may deem fit regarding cancellation of registration:
Provided that where the ground of cancellation has been established with respect only to a part of a layout-design, the Board shall cancel only such part and the remaining part of the layout-design if capable of performing as a semiconductor integrated circuit shall be retained as registered on the register in the name of the registered proprietor of such layout-design.
(3) Any cancellation of the registration of a layout-design either in whole or in part under sub-section (2) shall be deemed to be effective on the date from which the period of ten years referred to in section 15 is countable in respect of that layout-design.
(4) The Appellate Board shall, without delay after making any order of cancellation under sub-section (2), send a copy of such order to the Registrar who shall correct the register to give effect to such order.
(a) in the case of the registration of a layout-design, the layout-design is prohibited for being registered under section 7; or
(b) in the case of the registration of assignment or transmission relating to a registered layoutdesign, such assignment or transmission is contrary to any provision of the law for the time being in force.
(2) The Appellate Board shall, on receipt of an application under sub-section (1), give notice to the opposite parties in the prescribed manner and after giving them an opportunity of being heard, make such order as it may deem fit regarding cancellation of registration:
Provided that where the ground of cancellation has been established with respect only to a part of a layout-design, the Board shall cancel only such part and the remaining part of the layout-design if capable of performing as a semiconductor integrated circuit shall be retained as registered on the register in the name of the registered proprietor of such layout-design.
(3) Any cancellation of the registration of a layout-design either in whole or in part under sub-section (2) shall be deemed to be effective on the date from which the period of ten years referred to in section 15 is countable in respect of that layout-design.
(4) The Appellate Board shall, without delay after making any order of cancellation under sub-section (2), send a copy of such order to the Registrar who shall correct the register to give effect to such order.
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