A Study On The Infringement Determination Of Graphic User Interface Design

As a window for realizing human-computer interaction,the graphical user interface(GUI)not only brings great convenience to people’s daily life,but also poses problems to intellectual property protection of GUI designs.While China protects GUI through its patent laws,GUI designs have their own characteristics,and traditional industrial product design protection laws do not fit squarely GUI designs.In the absence of special regulations,the infringement determination for any given GUI designs is difficult.This could result in the lack of protection of the legitimate rights and interests of the owners of GUI design patents.How to solve the problem of infringement determination has become an important part of protecting such intellectual property rights.This paper starts with the first infringement case of GUI design in China,namely "Qihu 360 v.Jiangmin case".Based on the analysis of the status quo of infringement identification of GUI,this paper summarizes the dilemma of judicial determination in practice: The carrier is not constrained by the infringement determination,the difficulty in identifying infringement,and the lack of infringement determination standards.Based on the investigation of the GUI protection system and the infringement determination rules of various foreign countries,and based on the feasibility analysis of the solution to the infringement determination of GUI designs,the paper proposes to improve the design protection of GUIs in China and provide for suggestions for better infringement determination:That is,in the determination of infringement,the infringement of a GUI design is an exception to the "subordinate" indirect infringement;with respect to the infringement behavior,as long as there is a substantially similar interface and a user’s use,infringement may be found;One the infringement determination standard,the multi-party subject is identified as the same or similarly identified subject,and the visual part is the mostinfluential when the GUI is in its normal use.