| The application of GUI(graphical user interface)design has enjoyed rapid growth at the authorization phase since GUI has been included as protected object of the design patent in2014.However,at the same time,some problems emerge in the patent infringement trial practices.Based on the features concerning the patent infringement of GUI design patent,this paper makes a analysis of special problems related to this type of patent infringement from the perspectives of protection scope,direct infringement and indirect infringement.Beside the conclusion,the thesis consists of five chapters:The first chapter is an introduction.The first part introduces the research background and significance of the topic and explains the importance and necessity of the research.The second part expounds the present researches both at home and abroad.The third part mainly discusses the choice of GUI design protection modes and the existing problems of patent infringement in the existing legal framework.The second chapter mainly introduces the determination of the protection scope in the patent infringement of GUI exterior design.This chapter mainly includes two parts: the first part is about researches on the product elements of the patent protection scope of GUI design,including "specific" and "tangible" requirements of products.The second part is on the study of the design elements in the patent protection scope of GUI exterior design.By studying the similarities and differences between the GUI design patent authorization standards and the infringement standards,the author analyzes the types of the infringement standards,determines the "significant influencing standards",and materializes the judgment subject and method.The third chapter mainly introduces the determination of direct infringement in the patent infringement determination of GUI design patent.Two points are mainly discussed in this chapter: the first one is rights stability after the patent licensing of GUI design.To be specific,the identification of "functional" elements and "internal test" of GUI design patent have caused the discussion about problems of their wide usage.The second one is to discuss the confusion of "manufacture" and "use" in the patent implementation behaviors of GUI design.The fourth chapter mainly introduces the determination of indirect infringement in the patent infringement of GUI design patent.This chapter focuses on three aspects: 1)the relationship between the indirect infringement of GUI patent and the traditional theories of joint infringement;2)the connection between indirect infringement and direct infringement of GUI patent;3)the identification of "special items" in the indirect infringement of GUI design.In the fifth chapter,three suggestions concerning the above questions are put forward:1)Dilute the influence of product elements on the patent infringement of GUI design by acknowledging the "software" of product attributes or introducing the "part of exterior design" system;2)At present,specific seals can be employed and add the substantive review process in the authorization phase of GUI design;3)Choose cautiously the method of indirect infringement in the determination of patent infringement of GUI design within the legal scope. |
