图形用户界面外观设计法律保护问题研究
发布时间：2018-12-10 16:31
【摘要】：2014年3月,国家知识产权局对《专利审查指南》进行修改,将符合条件的图形用户界面外观设计纳入到外观设计专利保护范围。自2014年5月1日正式实施以来,已近三年时间。由于规范修订不够详尽、彻底,给实务工作带来诸多麻烦,载体与客体界限不明、部分外观设计保护制度缺失、保护范围存疑、多重保护等值得探讨研究的问题逐渐浮出水面,进入公众视野。2016年,针对下级法院在三星与苹果专利案件中裁判三星公司承担的3.99亿美元罚款的判决,美国最高院认定此判决无效;360公司以外观设计侵权将江民公司诉至北京知识产权法院。这两起案均涉及图形用户界面外观设计问题,并将图形用户界面外观设计问题的讨论推上了风口浪尖。案件发生的时间点绝非偶然,图形用户界面的发展经过萌芽期、发展期、成熟期,目前正处于其全盛时期,创作过程融合设计学、美学、心理学、传播学及人体工程学等诸多学科领域。功能上,图形用户界面从解决人机对话的矛盾,上升到影响技术的发展和创新,已从单纯的功能性和美感的装饰配角,蜕变成为一种具有品牌价值感染力和号召力的驱动者角色。产业发展上,移动电子产品发展日新月异,对我国经济社会发展的影响也是举足轻重。据实务研究,外观设计专利有效存量每增加1%,GDP增加0.17%,商业诉讼争端在所难免。但是,诉讼争端所暴露出的图形用户界面外观设计保护问题仅为冰山一角。关于图形用户外观设计保护的问题是一个相当有实务价值的研究课题。本文结构包括绪论、主体和结语三部分,主体部分分为五章。第一章,系统的介绍图形用户界面外观设计相关基本概念和分类。试图将图形用户界面外观设计的含义、技术基础和多重保护的内涵阐述清楚,以此作为全文研究的基础和出发点。第二章,从立法和司法两个方面展开,介绍我国图形用户界面法律保护实践。其中司法保护又分《专利审查指南》修前和修后两个阶段进行叙述,试图将我国针对图形用户界面外观设计保护实践演变过程呈现清楚。第三章,从图形用户界面外观设计保护体系出发,结合具体的图形用户界面外观设计专利申请和司法实务中的问题,揭示我国图形用户界面外观设计法律保护实践中存在的不足。第四章,比较法分析,选取美国、欧洲和日本三个具有代表性的国家和地区,分别从图形用户界面外观设计保护制度演变的历史和实务申请中的要求两个角度展开,以期寻得可供借鉴的理论和经验,为我国图形用户界面外观设计法律保护实践提供一些启发。第五章,针对现阶段图形用户界面外观设计保护体系的发展现状和不足,结合域外保护经验,提出一些建议。首先,应当引入部分外观设计保护制度,作为图形用户界面外观设计保护的基础理论;其次,区分保护客体与载体,避免载体限制,明确外观设计的本质;然后,以国家工业设计水准和行业发展需求为准绳,完善保护范围;最后,以分类描述的方式重构图形用户界面保护模式。
[Abstract]:In March 2014, the State Intellectual Property Office revised the Patent Examination Guide> to incorporate the qualified graphical user interface design into the design patent protection scope. It has been in the last three years since the formal implementation on May 1, 2014. Because the standard revision is not detailed and thorough, it brings many problems to the practical work, the boundary between the carrier and the object is not clear, the protection system of the partial design is missing, the protection scope is in doubt, the multi-protection and the like are worth discussing, the problem of the research is gradually emerging from the water surface and into the public field of view. In 2016, The Supreme Court of the United States found the decision to be null and void for the lower court's decision to impose a fine of $3. 99 billion in Samsung and Apple's patent cases; and the company sued the People's Company of the People's Republic of China to the Beijing Intellectual Property Court with a design infringement. Both cases involve the design of the graphical user interface and push the discussion of the design of the graphical user interface to the top of the wind. The time point of the case is by no chance, the development of the graphical user interface is in the bud stage, the development period, the mature period, and is now in its heyday, the creative process fusion design, the aesthetics, the psychology, the communication and the human engineering. In the function, the graphical user interface, from the contradiction of solving the man-machine dialogue, has risen to the development and innovation of the influence technology, and has changed into a driver's character with brand value and appeal force from the simple functional and aesthetic decoration. With the development of the industry, the development of mobile electronic products is changing with each other, and the impact on the economic and social development of our country is also very important. According to the practice, the effective stock of the design patent is increased by 1%, the GDP is increased by 0.17%, and the commercial litigation dispute is inevitable. However, the problem of the design protection of the graphical user interface exposed by the litigation dispute is only one corner of the iceberg. The problem of design protection of graphic user is a research subject with considerable practical value. The structure of this paper includes the introduction, the subject and the conclusion, and the main part is divided into five chapters. The first chapter introduces the basic concept and classification of the design of the graphical user interface. The meaning of the design of the graphical user interface, the technical basis and the connotation of multiple protection are set forth in this paper as the basis and starting point of the full-text research. The second chapter, from the two aspects of legislation and the administration of justice, introduces the practice of China's graphical user interface law protection. The judicial protection is also described in the two stages of the patent review guide> before and after the repair, and attempts to make clear the evolution of the design protection practice of the graphical user interface in our country. The third chapter, from the view of the design protection system of the graphical user interface, combines the specific graphical user interface design patent application and the problems in the judicial practice, and reveals the deficiency in the practice of the legal protection of the design of the graphical user interface of our country. The fourth chapter, the comparative law analysis, selects three representative countries and regions of the United States, Europe and Japan, from the historical and practical applications of the evolution of the design protection system of the graphical user interface, respectively, and the two angles, in order to find the theory and experience that can be used for reference, It provides some enlightenment for the practice of the design law of the graphical user interface of our country. The fifth chapter, aiming at the present situation and insufficiency of the development of the design protection system of the graphical user interface, puts forward some suggestions on the basis of the experience of the extraterritorial protection. First, a partial design protection system should be introduced as the basic theory of the design protection of the graphical user interface; secondly, the protection object and the carrier are distinguished, the carrier limitation is avoided, the essence of the design is defined, and then, The protection range is improved based on the national industrial design level and the development demand of the industry; and finally, the mode of the graphical user interface protection mode is reconstructed in the manner described by the classification.
【学位授予单位】：南京大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D923.42
，
本文编号：2370879
[Abstract]:In March 2014, the State Intellectual Property Office revised the Patent Examination Guide> to incorporate the qualified graphical user interface design into the design patent protection scope. It has been in the last three years since the formal implementation on May 1, 2014. Because the standard revision is not detailed and thorough, it brings many problems to the practical work, the boundary between the carrier and the object is not clear, the protection system of the partial design is missing, the protection scope is in doubt, the multi-protection and the like are worth discussing, the problem of the research is gradually emerging from the water surface and into the public field of view. In 2016, The Supreme Court of the United States found the decision to be null and void for the lower court's decision to impose a fine of $3. 99 billion in Samsung and Apple's patent cases; and the company sued the People's Company of the People's Republic of China to the Beijing Intellectual Property Court with a design infringement. Both cases involve the design of the graphical user interface and push the discussion of the design of the graphical user interface to the top of the wind. The time point of the case is by no chance, the development of the graphical user interface is in the bud stage, the development period, the mature period, and is now in its heyday, the creative process fusion design, the aesthetics, the psychology, the communication and the human engineering. In the function, the graphical user interface, from the contradiction of solving the man-machine dialogue, has risen to the development and innovation of the influence technology, and has changed into a driver's character with brand value and appeal force from the simple functional and aesthetic decoration. With the development of the industry, the development of mobile electronic products is changing with each other, and the impact on the economic and social development of our country is also very important. According to the practice, the effective stock of the design patent is increased by 1%, the GDP is increased by 0.17%, and the commercial litigation dispute is inevitable. However, the problem of the design protection of the graphical user interface exposed by the litigation dispute is only one corner of the iceberg. The problem of design protection of graphic user is a research subject with considerable practical value. The structure of this paper includes the introduction, the subject and the conclusion, and the main part is divided into five chapters. The first chapter introduces the basic concept and classification of the design of the graphical user interface. The meaning of the design of the graphical user interface, the technical basis and the connotation of multiple protection are set forth in this paper as the basis and starting point of the full-text research. The second chapter, from the two aspects of legislation and the administration of justice, introduces the practice of China's graphical user interface law protection. The judicial protection is also described in the two stages of the patent review guide> before and after the repair, and attempts to make clear the evolution of the design protection practice of the graphical user interface in our country. The third chapter, from the view of the design protection system of the graphical user interface, combines the specific graphical user interface design patent application and the problems in the judicial practice, and reveals the deficiency in the practice of the legal protection of the design of the graphical user interface of our country. The fourth chapter, the comparative law analysis, selects three representative countries and regions of the United States, Europe and Japan, from the historical and practical applications of the evolution of the design protection system of the graphical user interface, respectively, and the two angles, in order to find the theory and experience that can be used for reference, It provides some enlightenment for the practice of the design law of the graphical user interface of our country. The fifth chapter, aiming at the present situation and insufficiency of the development of the design protection system of the graphical user interface, puts forward some suggestions on the basis of the experience of the extraterritorial protection. First, a partial design protection system should be introduced as the basic theory of the design protection of the graphical user interface; secondly, the protection object and the carrier are distinguished, the carrier limitation is avoided, the essence of the design is defined, and then, The protection range is improved based on the national industrial design level and the development demand of the industry; and finally, the mode of the graphical user interface protection mode is reconstructed in the manner described by the classification.
【学位授予单位】：南京大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D923.42
，
本文编号：2370879
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