Today’s blog post has been kindly shared with us by Ferrante Intellectual Property. The article discusses a recent Beijing IP Court case on the Graphical User Interface infringement. In it’s first ruling of the kind, the the IP Court has decided that the GUI cannot be protected separately from the type of the device it is applied to under the design patent protection.
The Beijing IP Court issued a decision on the very first Graphical User Interface (GUI) infringement case in China. The lawsuit was lodged by Qihu 360 Inc. (Qihu) against Beijing Jiangmin Technology Co., Ltd (Jiangmin). Qihu claimed that the externalizing interface of Jiangmin’s software was identical to Qihu’s GUI design of “Computer with GUI” and that Jiangmin’s behaviour constituted patent infringement. In its decision, the Beijing IP Court dismisses Qihu’s claim and found that in determining the protection scope of a GUI design patent, the GUI design and that of the product using GUI shall be both considered. Hence, it held that the protection scope of Qihu’s GUI design patent shall be limited to the product of computer. Since Jiangmin’s software does not belong to the same or similar category of computer, Jiangmin’s behavior of providing the software does not constitute patent infringement. In this specific case, the users downloaded the software on their computers, which according to the Court does not constitute patent infringement. Even considering Jiangmin’s software as an “intermedium”, Jiangmin’s behavior of providing the software does not constitute indirect patent infringement. The decision gave rise to many debates, with experts arguing that existing patent law and regulations fail to properly protect GUI design.
Ferrante Intellectual Property
This article first appeared on the Ferrante Intellectual Property website and is reposted here with the kind permission of Ferrante Intellectual Property. Please see the original article here: http://www.ferrante.asia/en/details.html?43
FERRANTE Intellectual Property is an intellectual property firm with established offices in South-East Asia. The firm provides comprehensive legal services on all aspects of trademarks, designs, patents, copyright prosecution, litigation, anti-counterfeiting strategies, and domain names portfolio management.
Ferrante IP is considered a leading firm in China due to its high-profile clients, outstanding professionals, depth of expertise, market presence and quality of work. The firm has been awarded with “The 2017 Global Excellence Awards IP Law Firm of the Year- China”, by Worldwide Business Review and “The World’s Leading Trademark Professionals 2018” by WTR 1000 among others.