The Study Of The Legal Protection Of Graphical User Interface (GUI) Design

As a medium to connect users and smart terminals,graphical user interface(GUI)plays an important role in both mobile phones and computers.The legal protection system for graphical user interface in the developed regions of intellectual property rights in the world is already quite perfect,but the graphical user interface was incorporated into the patent law protection in our country formally until 2014 by the amendment of "Patent review guide".However,from 2014 to the present,there exists shortcomings in the protection of the graphical user interface in the process of the implementation of the "Patent review guide".This study took the legal protection of graphical user interface as the research object,and aimed to establish a set of intellectual property legal protection system with patent law at its core.It elaborated the current situation of the protection of graphical user interface from the aspect of patent law,copyright law,trademark law and anti-unfair competition law in the judicial practice of our country.After compared and analyzed of the characteristics of the legal protection system of the graphical user interface in the United States,the European Union and Japan,the author concluded that the existing system in our country needs to be improved and the relevant systems from abroad are worth to learn.Through this kind of comparative study,this study attempted to provide some references for the construction of legal protection system of graphical user interface in China.The features of the graphical user interface are quite in accord with the features of the design in patent law,so it was classed under the object of exterior design of the "Patent review guide".But in the process of practical operation,the scope of the object stipulated in "Patent review guide" is narrow,and the standard of examination is not clear,and in Europe,America,Japan and other regions have already established the key system to protect the graphical user interface-part of the design system,but in the academic community in our country,there is still a lack of systematic research on this system,and there is still a vacancy of legislation.At the same time,there exists chaotic phenomena brought by patent law,copyright law,trademark law and cross-protection of anti-unfair competition law in judicial practice.With the development of intelligent mobile equipment industry,the protection of graphical user interface is becoming more and more important.Based on the analysis of the above problems,this study tried to find a solution that is suitable for China’s national conditions and makes the relevant legal system perfect.And striving to link up with the world while protecting the legitimate rights and interests of graphic users.