Research On The Protection System Of Graphic User Interface(GUI)appearance Design Under The Current Legal Framework

Graphic user interface(GUI)is a human-computer interaction interface which is displayed graphically.The design of GUI also extends the traditional design field to the Internet space.Compared with general appearance design,GUI appearance design has some similarities and particularities.In the decree No.68 issued by the State Intellectual Property Office in 2014,the regulation of not granting appearance patents for patterns displayed after power-on was deleted,which cleared the obstacles for the application of GUI design patents.Similar to the United States,China has since formally incorporated GUI design into the protection scope of design patents.Simply abolishing the restriction on granting patents to GUI design can not solve all the problems encountered in practice.Based on the analysis and correction of the essence of appearance design,this paper considers that there are essential differences between appearance design as a kind of personality expression and the technical scheme protected by patent law.At present,the protection of appearance design in China can not highlight the "design" core of appearance design,and this has resulted in.The awkward position of the protection system of appearance design in patent law.GUI design fully embodies the design core of appearance design,and the combination with carrier products is relatively loose.Under the current patent law to protect the overall appearance design of products,GUI design is difficult to be effectively protected.The dynamic science and technology and Cheetah mobile case,Qihu 360 v.Jiangmin science and technology case in practice show the current protection dilemma of GUI.In the above cases,the judicial department strictly applies the law to judge the infringement of GUI design patents on the basis of product categories,and considers that the act of providing GUI software did not create infringed products and therefore did not infringe on the design patents.This recognition greatly limits the patent protection of GUI design.Through the analysis of the above problems,and referring to the characteristics of GUI design protection in the EU,the United States,Japan and Taiwan,it is the development trend of the design system to amend the patent law to introduce local design and increase the use power of the design in the long run.However,for the moment,in order to solve the above problems under the current patent law framework,this paper argues that,firstly,the product categories attached to GUI should be properly expanded;secondly,because electronic products are composed of hardware and software,in which individual hardware or software are part of the product,so the software with GUI is also part of the whole product;finally,the GUI design should be approved.Under the premise of product parts and components,through flexible understanding of indirect infringement,the act of providing GUI software is identified as helping infringement.