7. Prohibition of registration of certain layout-
designs.—
(1) A layout-design—
(a) which is not original; or
(b) which has been commercially exploited anywhere in India or in a convention country; or
(c) which is not inherently distinctive; or
(d) which is not inherently capable of being distinguishable from any other registered layout-
design,
shall not be registered as a layout-design:
Provided that a layout-design which has been commercially exploited for not more than two years
from the date on which an application for its registration has been filed either in India or in a convention
country shall be treated as not having been commercially exploited for the purposes of this sub-section.
(2) 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.
(3) Where an original layout-design has been created in execution of a commission or a contract of
employment, the right of registration to such layout-design under this Act shall belong, in the absence of
any contractual provision to the contrary, to the person who commissioned the work or to the employer.
7
CHAPTER III
PROCEDURE FOR AND DURATION OF REGISTRATION
