Martin James, Master of Law in Intellectual Property Rights, Cochin University of Science and Technology (CUSAT)
ABSTRACT
Graphical User Interfaces or GUI are part of software applications or web application that allow a user interacts with the system via visual information such as pull-down menus, icons, pointers, pointing devices, transitional animations, buttons, scroll bars, windows, and dialogue boxes. It creates an environment where users can interact with a computer system. GUIs are essential to the development and uniqueness of apps. The proliferation of applications is one of the ways that GUls are gaining greater significance in the field of intellectual property.
Copyright has traditionally been used to protect works of this kind. But GUIs are the non-literal part of a computer application that make it difficult to protect under copyright. Protecting intellectual property in GUI is a new topic that needs more clarity and, in many jurisdictions, lawmakers, judges, and intellectual property experts are still debating how to protect GUIs effectively. There are a lot of differences and contradictions in the way of protecting GUIs and the placing of safety measures. GUIs may be eligible for legal protection under a variety of legal frameworks, including Copyright, Trade Dress, Patents, and Design Rights, depending on the jurisdiction. GUI is inherently functional in nature which makes it difficult to obtain protection under various IP regimes. These disparities between IP laws will create uncertainty for the developers of software, the GUI designer, the IP officials, and lawmakers to determine under what IP regime GUI can get adequate protection without any hindrances.
Protecting the non-literal parts of software as an IP was always difficult. To foster innovations and creativity in field of software development and to reward the intellectual creation of a GUI designer, it is very important to provide adequate protection for GUI. But there are many issues to overcome while granting any IP protection to GUIs. Therefore, the dissertation shall be looking into scope of protection for GUI under different IP regimes like Copyright, Patent, Industrial Design and Trademark and will analyse their strength and weakness in affording protection to GUI.
