그래픽사용자인터페이스디자인 보호에 관한 실무적 고찰

A Study on Protection of Graphical User Interface Design in Examination Practice Perspective - Focused on design laws -

(1) According to growing of importance of the Graphical User Interface(GUI) design rights, in this paper, the matter-requisite for protection of GUI design, drawing manner of representation and judgment standards of creativity and similarity from examination practice perspective were dealed. GUI design could be classified graphical images, icon, menu layout, interface elements, and trasitional UI. Also concerning trend of protection focused on major jurisdiction, graphical images and chracter design with artwork properties is not allowed to protect in the USPTO, JPO and SIPO while most of GUI design elements is protectable in the KIPO and EUIPO. (2) It was found that requisite for protection by design laws could protect most of GUI design elements, which is suitable protection system matched with GUI design nature. And requisite for protection in copyright and trade mark laws could be proper system for protection of creative graphic images. As regards requisite for protection in trade dress and unpair competition prevention laws, which were suitable for protecting overall impression and look and feel of GUI design. Particularly, patent laws protect interactive manner of interface design in functional aspect. (3) The factor of drawing representing GUI design could be classified under 6 classes- basic form, color, graphical effect, layout, surrounding elements and transitional factor. A fact that solid line indicates the valid scope of the interface factors within claimed design and broken line has an attribute of contextual information for understanding position, range, uses and functions of the claimed design was verified. Also, it might be suppose that dash-dot line could be specific drawing technique for expanding the scope of protection by coordinate positioning. (4) The distinctive judgment standards for scope of protection and legal principles for creativity and silmilarity have been applied in practice beacause GUI design has unique design features in the design process. The sterotype design domain in GUI design that influences on design process is broader than other design sectors. Also most of the sterotype design domain corresponds to well known design or published design in general. We found a fact that a detailed criteria focused on function because of broad range of blended use among GUI design applied articles is necessary for determining novelty between different articles additionally. Concerning judging design silimarity, it was compared the whole aesthetic impression based on the result from contrast with each aspect-basic form, color, graphical effect, layout and surrounding elements.