Graphical User Interfaces At The Crossroads Of Copyright And Design Act In India: A Comparative Perspective
Nandana S Menon, LLB, Law Centre-II, Faculty of Law, University of Delhi
ABSTRACT
Graphical User Interfaces (GUIs) have been a prominent feature in the realm of digital products and have, in a way, defined the overall user experience through the use of visual, textual, and other interactive features. Being a driving force in the determination of commercial and user identity, the issue of protection of these interfaces has received increasing significance over the years. In this paper, the two opposing paths of protection offered through the Copyright Act, 1957 and the Designs Act, 2000, would be critically appraised, and the tension that arises through Section 15 of the Copyright Act would also be critically discussed.
It examines the provisions, practices, and subsequent judicial interpretations of protection of GUIs, including the extent of adoption of Locarno Classification in India and its impact on the registrability of a GUI, besides dealing with the previously strict guidelines that were generally reflected in the disallowance of the Amazon GUI design registration application. And finally, a comparative study on the protection of GUIs within the United States of America and the European Union. According to this paper, although the Indian juristic framework is actually harmonizing and conforming to international best practices by recognizing GUIs for protection under subject matter, there still lingers uncertainties in the areas of industrial applicability, aesthetic appeal, and functional exclusion under existing doctrines based on traditional understanding.
