Research On "Comprehensive Comparison" Standard For Infringement Judgment Of Graphic User Interface Design

With the development of the electronics industry,graphical user interface which can improve the user experience has gradually become an important commercial competitive factor,and such commercial value has promoted its innovative development.“Patent Review Guide” revised newly,incorporating the graphical user interface into the design protection system,has improved the protection of graphical user interface in terms of the unstable right foundation,high litigation risk,and divergent situation,but it has not solved the design protection dilemma of the graphical user interface completely.Under the existing design protection system,the product is limited to the tangible and integral,and the carrier product and the design must be interdependent,which is contradicted with the separability of the graphical user interface and the carrier.That the graphical user interface applies to the existing design protection of the system perhaps results in the scope being too narrow,the existing “overall comparison” standard for infringement determination being too strict,and the protection being not effective.The graphic user interface protection system in the United States,the European Union,Japan and other countries and regions is relatively complete,and the graphical user interface has been protected by creating or introducing the partial design system.Regardless of whether China's patent law will introduce the partial design system in the future or not,it is not feasible to improve the infringement judgment standard for graphic user interface design by introducing “innovation standards”.The perfection of the infringement judgment standard for graphic user interface design in China should draw lessons from the repeated application of the infringement judgment standard of graphic user interface design in the United States,which has leaded to the confusion of judicial practice,from the EU's outstanding protection of the graphical user interface design itself,which makes sure that the product carrier only supports the typical experience of classification and management,and from Japanese graphic user interface infringement decisions focusing on the useful experience of the design department.The perfection of the infringement judgment standard for graphic user interface design in China should be based on the application of the “overall comparison” standard,weaken the role of the product carrier,and then make sure that the graphical user interface design protection scope and the infringement judgment “overall comparison” comparison object depend on the graphical user interface design itself only.Graphic user interface design protection cannot break through the tangible and holistic product conditions at this stage,weakening the product carrier and making the product carrier only assist in reviewing and classifying.Firstly,the definition of the graphical user interface design protection scope does not need to consider the product carrier but the graphical user interface design itself only.Secondly,the identification of whether the product types are the same or similar can be adopted by a more relaxed and higher-level identification method,which conforms to the separability of the graphical user interface design and the tangible carrier.Finally,to solve the dilemma of the graphical user interface protection,the overall object of infringement judgment should be the graphical user interface design itself.In this way,the perfect approach of the “overall comparison” standard for the infringement of graphic user interface design constructed by regulating the role of product carriers has certain flexibility and applicability,and it can regulate the protection and conform to the development trend of graphical user interface according to the development trend of China's electronic industry,especially the software industry.