law: Semiconductor Integrated Circuits Layout-Design Act, 2000
  51.
  
     Power
  
  of the Board to permit certain uses.
  1.   Notwithstanding
  
  anything contained in this Act, the Appellate Board may on an application made
  
  in the prescribed manner before it on behalf of the Government or by any person
  
  authorised by the Government and after giving notice of such application to the
  
  registered proprietor of a layout-design and providing the opportunity of being
  
  heard to the parties concerned permit the use of such registered layout-design
  
  by the Government or by such person so authorised, as the case may be, subject
  
  to any or all of the following conditions as the Board deems fit under the
  
  circumstances of such use, namely:-
  a.  
  
    that
  
  the use of the layout-design shall be for non-commercial public purposes or for
  
  the purposes relating to national emergency or of extreme public urgency;
  b.  
  
    that
  
  the duration of the use of the layout-design shall be limited for a period
  
  specified by the Board;
  c.  
  
    that
  
  the use of the layout-design shall be non-assignable and non-transmissible;
  d.  
  
    that
  
  the use of the layout-design shall be to the extent which the Board deems
  
  necessary to remedy the anti-competitive practice ;
  e.  
  
    that
  
  the use of the layout-design shall be predominantly for the supply of
  
  semiconductor integrated circuits or articles incorporating semiconductor
  
  integrated circuits in domestic market of India:
  Provided that Board shall not permit the use of a registered layout-design, by any such person
  
  authorised by the Government, under this sub-section unless the Board is
  
  satisfied that such person so authorised has made efforts to enter into
  
  agreement with the registered proprietor of such layout-design on reasonable
  
  commercial terms and conditions for permitted use of such layout-design and
  
  such efforts had not been successful within prescribed period:
  Provided
  
  further that the first proviso shall not be applicable in a case where the
  
  person so authorised produces to the Board a certificate issued by the
  
  Government to the effect that such use is required due to national emergency or
  
  any other circumstances which the Government considers to be of extreme urgency
  
  or of public non-commercial use.
  1.     
  2.   The Appellate Board
  
  shall, while granting the permission for the use of a registered layout-design
  
  under sub-section (1) , determine the amount of royalty to be paid by the
  
  Government or the person authorised by the Government, as the case may be, to
  
  the registered proprietor of such layout-design for such permitted use.
  3.   The Appellate Board
  
  may, on the application of the registered proprietor of a layoutdesign referred
  
  to in sub-section (1) , may review the permission granted under that
  
  subsection and, after giving notice and opportunity of hearing to the parties
  
  concerned in the prescribed manner, cancel or amend such permission if the
  
  Board is satisfied that any of the conditions subject to which the permission
  
  was granted has not been observed or the circumstances which led to the
  
  granting of such permission has ceased to exist or substantially altered.