Research On Mode Of Intelectual Property Protection For Graphical User Interface

As the graphical user interface (GUI) market competition is increasingly fierce,its intellectual property protection problem is becoming more and more critical.Thisthesis starts from its definition,and then introduces the alien GUI protectionmodes,and expounds the theories and practices of the three modes that are copyright,patent and trademark and anti-unfair competition, in a trial and error method that aimsto analyze the feasibility of each mode and propose the constructive opinions.In theend, in order to promote domestic industry development,the comparison among thethree modes concludes the framework of mode of intellectual property protection forGUI.The article consists of these six parts except the foreword and conclusion.PartⅠ: the definition of GUI. GUI is one type of the interface between humanand software, and dominates among the types, and includes the interface forapplication software, operation system and website.Part Ⅱ: the alien modes of intellectual property protection for GUI. Althoughthe mode of copyright protection is widely accepted among various countries,American，Japanese, Korean and Taiwanese patent law were revised to grant designpatent for GUI in order to strengthen its protection.Part Ⅲ: the mode of copyright protection for GUI. On one hand, most GUI possesses originality to be a work of copyright law and shall get copyrightprotection.On the other hand, the dichotomy of concept and expression should beapplied to decide the protection area for a specific GUI. Besides GUI could beprotected by copyright law through GUI programs and the other ways indirectly. Inthe mode of copyright protection practice, different courts make judgments withdifferent standards of originality and dichotomy, while they shall share the commonrules.Part Ⅳ: the mode of patent protection for GUI.Design patent protection is themain mode and should be granted for the GUI which possesses the aesthetics of patentlaw. But the Patent Examination Guidelines rules it out unreasonably. Besides, thedesign patent mode requests the part design patent rule. However, in practice someGUI get patents for the reason of formal examination rule. The mode of patentprotection needs legislative modification.PartⅤ: the mode of trademark and anti-unfair competition protection. Trademarkprotection is mainly for the icon of GUI for its request on distinctiveness andfunctionality.While GUI is unable to be recognized as particular package anddecoration of famous merchandise,anti-unfair competition protection could beoffered through general principle.The defects of the mode, which leads some GUI getprotection improperly or implicitly, should remedied relevantly.Part Ⅵ: the comparison and choice of the mode of protection for GUI.The threemode of copyright, patent and trademark and anti-unfair competition protection eachhas its own advantages and disadvantages. As our GUI industry is catching up thedeveloped areas, we shall adopt the integrated mode which could be summarize ascopyright first, patent second and trademark and anti-unfair competition third.