How to Copyright an Embedded PCB Circuit Design in India？
When it comes to protecting your embedded PCB (Printed Circuit Board) circuit design, it’s important to take the necessary steps to ensure that your intellectual property is safeguarded, especially in a competitive market like electronics. In India, there are specific legal frameworks that you need to be aware of when seeking copyright or patent protection.
Can You Copyright a PCB Design?
The copyrightability of PCB designs often confuses many designers and engineers. In India, the design of a logic circuit can be protected under the Semiconductor Integrated Circuit Layout Design (SICLD) Act, 2000. This act provides exclusive rights to the layout design of integrated circuits. However, for the overall functionality of the design, patent protection may be necessary.
Understanding Circuit Design Copyrights
While you can copyright a drawing or schematic of a circuit, the protection does not extend to the functionality of the circuit itself. The SICLD Act protects the specific layout design, not the ideas or concepts underlying the circuit. Therefore, it is essential to distinguish between the design’s artistic expression and its functional aspects.
How to Copyright Your Design in India
To copyright your PCB design in India, you must follow these steps:
- Prepare an Application: The application must be written in FORM IV (as per schedule 2 of the SICLD Act) and include all necessary details.
- Submit the Application: You can submit the application either physically to the Registrar or online via the Copyright Office of India.
- Pay the Required Fees: Ensure you pay the necessary fees, which vary depending on the nature of the design and the type of protection sought.
- Verification and Approval: After submission, the application will be reviewed, and if all criteria are met, the design will be registered.
Patent Protection for IC Integrated Circuit Layouts
If you wish to protect the functionality and unique aspects of your PCB design, obtaining a patent may be the better route. Patents provide broader protection, covering not just the layout but also the innovative methods and systems involved. However, this process can be more complex and expensive.
Online and Free Options for Copyrighting PCB Designs in India
If you want to register your designs online, the Indian Copyright Office has a website that’s easy to use. It’s not free, but it’s not expensive either. The fees are pretty low compared to other countries.
Navigating International Copyright Laws for PCB Designs
When considering international markets, understanding global copyright laws becomes essential. Different countries have varying rules regarding what aspects of a PCB design can be protected. Here’s a brief overview:
- United States: In the U.S., the Semiconductor Chip Protection Act of 1984 offers protection for mask works, which include the layout of circuit designs. Copyright protection can also be extended to the documentation and drawings associated with the PCB.
- European Union: The EU offers protection for semiconductor topographies under the Council Directive 87/54/EEC. This protection is similar to the U.S. in that it covers the layout designs of integrated circuits but not the functionality.
- China: China’s regulations for integrated circuit layout design protection are defined under the Regulations on Protection of Layout Designs of Integrated Circuits. The law provides exclusive rights to the registered owner for 10 years.
- Japan: Japan’s Act on the Circuit Layout of Semiconductor Integrated Circuits provides protection similar to other jurisdictions, focusing on the layout design rather than the functional elements.
- Australia: The Circuit Layouts Act 1989 protects the layout designs of integrated circuits, providing exclusive rights to reproduce and commercially exploit the designs.
To protect your design globally, you must register it in each country where you plan to do business. Copyrights do not automatically extend beyond the borders of the country where they are granted. It is advisable to consult with intellectual property lawyers to help you navigate these complexities.
If you’re designing a PCB in India, you need to know about copyright and patent laws. They can protect your intellectual property and give you a competitive advantage. And if you plan to expand outside India, you need to think about international protections too.
