Section 82 of SICLD Act : Section 82: Certificate Of Validity

Explanation using Example

Imagine a scenario where a company, 'Tech Innovations Inc.', has registered a layout-design for a semiconductor integrated circuit with the Indian authorities. Another company, 'ChipTech Ltd.', challenges the validity of this registration, claiming that it is not original or that it infringes upon ChipTech's own design. The case goes to the Appellate Board for rectification of the register.

The Appellate Board decides in favor of Tech Innovations Inc., confirming that their layout-design registration is valid. Consequently, the Board issues a certificate to Tech Innovations Inc. stating the validity of their registration. Later on, ChipTech Ltd. brings another lawsuit against Tech Innovations Inc. concerning the same layout-design.

In this subsequent lawsuit, thanks to the certificate from the Appellate Board, if Tech Innovations Inc. wins a final order or judgment affirming the validity of their layout-design registration, they are entitled to recover all their legal costs in full from ChipTech Ltd., as if they were paying their own legal practitioner, unless the final judgment states otherwise for a specific reason.