Research On Legal Protection Of Graphical User Interface Design

Since the invention to the development of the graphical user interface(GUI),it has a tremendous impact on human life,and the GUI design has a very high protection value.Countries and regions such as Europe,the United States,Japan,South Korea and Taiwan have established relatively complete legal protection systems.However,China’s protection of GUI design,no matter legal system or judicial practice,still has many problems: For the legal system,the partial design system still not founded,the protection scope of the product is too restrictive,and the review system is unreasonable.Etc.In judicial practice,the corresponding infringement judgment rules and the judicial interpretation of related concepts have not been established.The lag of China’s legal protection of GUI design has seriously hindered the development of related industries and should be improved as soon as possible.The article begins with an overview of the GUI.Including the definition,features and classification of the GUI,the reader has a macro-to-micro understanding of the GUI design,which leads to the protection value of the GUI design.By characterizing the essential characteristics of GUI design,it points out the rationality of protecting the design patent system in China.The article then elaborates on the status quo and problems of our country’s legislation in this field.In China,the legal protection of GUI design has long lagged.Until 2014,the State Intellectual Property Office issued the 68 th Order to incorporate GUI design into the protection scope of China’s design patents.In 2015,the “Revision of the Patent Law” was submitted for review,and China officially put the establishment of a partial design system on the agenda.In December 2017,the court made a judgment on the “Qihu v.Jiangmin’s infringement of design patent dispute case”,which was regarded as the domestic GUI first case by the industry,and rejected all the plaintiff’s claims.The litigation process and judgment results of this case reflect the dilemma of the protection of GUI design in China under the current legal and judicial adjudication system.The advanced countries and regions outside the region have a longer history of protection of GUI design,and their related systems are more perfect,which can be used for reference in China.Therefore,this paper combs the historical experience of GUI protection in Europe,America,Japan,Korea and Taiwan,studies the development and evolution of its related systems,analyzes its advantages and disadvantages,and summarizes the differences and the same point.between countries in protecting GUI.Finally,on the basis of the previous discussion,combined with the actual situation of China’s law and industrial development,The relationship between the object protected by the GUI design patent and its carrier should be clarified first.The GUI is a broad concept.With the continuous development of electronic technology,various types of GUIs have emerged,so they should be classified,and different types of GUIs should be treated differently in the stage of confirmation and infringement judgment.For example,under the current legal system,the shackles of traditional concepts can be broken,and the application software GUI itself is directly identified as a product.In view of the compatibility of the characteristics of the GUI itself and the local design system,the partial design system should be established as soon as possible from the legislative point of view and the restrictions on the scope of design patent protection should be removed.