| Graphic User Interface(GUI)is one of the most influential inventions in the 20 th century.It has brought great contributions to the digital revolution.Due to the advent of GUI,the operation of computer is no longer limited to command line,which is complex.Users are able to operate computers much more efficiently.With the rapid development of electronic information technology,the graphical user interface has been widely used in household appliances,hand-held equipment,car navigation and so on,bringing users an unprecedented friendly operation experience.In order to catch more and more consumers' eyes,enterprises invest a lot of manpower,material and financial resources in the development of design of graphical user interface.Overseas and domestic scholars all agree that the graphical user interface is an intellectual achievement and should be protected by the intellectual property law.Appropriate protection of the designer's intellectual achievements can stimulate their creative enthusiasm and maintain healthy competition.Scholars all over the world hold their own opinions on the protection mode of graphical user interface,some think that the form of copyright protects the graphical user interface well,and some think that the form of design is used to protect the graphical user interface.The upsurge of attention to GUI in China began with the patent war between Samsung and Apple.With the increasing demand for protecting GUI,China revised the relevant articles of Guidelines for Patent Examination in 2014.The graphical user interface is included in the scope of design protection.Through the research of the current graphical user interface protection system in China,this thesis gives suggestions for perfecting the system by analyzing the shortcomings,studying the relevant systems of representative countries abroad,learning from their legislative technology and legislative experience,and combining the actual situation of our country.This thesis mainly uses methods of document analysis,case analysis and comparative analysis to study and analyze the system of graphical user interface protection.At present,there are only provisions on graphical user interface protection in the Guidelines for Patent Examination in China,and there is no legislation about GUI.The categories of graphical user interfaces are restricted in Guidelines for Patent Examination,with the exception of game interface and the design of shape and icons that has nothing to do with the implementation of the product functionality.In terms of application conditions,the application for graphical user interface design must be integrated with physical products and reflected in the submitted pictures.The name of the application should be in accordance with the prescribed format like A Certain Product With A Graphical User Interface.This thesis holds that the range of protected graphical user interfaces in our country is too narrow,while there are many complicated and innovative graphical user interfaces cannot be protected.Some kinds of GUI should be extended appropriately,such as the necessary content pictures in the graphical user interface,which are significant for GUI.In the aspect of application material submission,if additional illustrative materials other than only pictures,such as video and animation,can be added,the expansion of the types of protected graphical user interface and the improvement of the efficiency of application and examination will benefit from it.The graphical user interface on some human condition monitoring devices,due to the need to connect with the mobile phone,the display and status analysis of the specific data are displayed on the operating software of the mobile phone,and the files sent and received between the mobile phones span different devices.The interface that indicates the progress of the task is dynamic and constantly changing.Some graphical user interfaces show the working state of software and hardware by the way of color change,and the change of color represents the change of state.These types of graphical user interfaces are highly technical and innovative and should be protected.When applying for a design that contains these types of graphical user interface submitting only a small number of views does not fully show the process of change,and even submitting a large number of views does not accurately describe the process.Therefore,the application materials can be allowed to submit video or animation materials,fully showing the function of the graphical user interface.Based on the analysis of the first case of graphic user interface design in China – Qihoo 360 Company v.Jiangmin Company,this thesis holds that the current patent infringement judgment standard in China is not suitable for the infringement dispute of graphical user interface design.The carrier and object of graphical user interface are not clearly distinguished,emphasizing that the patent system of appearance design also restricts the protection of the right of graphical user interface design.PRODUCT should be the carrier of graphical user interface design,while DESIGN is the object of patent protection,too much emphasis on PRODUCT will make the design of graphical user interface meaningless,so it is necessary both in law and regulations making a clear distinction between carrier and object.After investigating the relevant systems in foreign countries,this thesis holds that it is necessary to introduce the partial design system,which is not available at present in China,and that the partial design is more flexible in the application conditions and has a wider scope of protection.For the graphical user interface this kind of special appearance design,is undoubtedly a better way.The protection system of the design patent of the graphical user interface is still in the initial stage in China,and yet the corresponding legislation has not been updated.It is believed that the relevant system will be perfected gradually through the summing up in the ongoing research and practice,and a sound graphical user interface protection system will be established. |
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