圖形用戶(hù)界面外觀設(shè)計(jì)法律保護(hù)問(wèn)題研究
發(fā)布時(shí)間：2018-12-10 16:31
【摘要】：2014年3月,國(guó)家知識(shí)產(chǎn)權(quán)局對(duì)《專(zhuān)利審查指南》進(jìn)行修改,將符合條件的圖形用戶(hù)界面外觀設(shè)計(jì)納入到外觀設(shè)計(jì)專(zhuān)利保護(hù)范圍。自2014年5月1日正式實(shí)施以來(lái),已近三年時(shí)間。由于規(guī)范修訂不夠詳盡、徹底,給實(shí)務(wù)工作帶來(lái)諸多麻煩,載體與客體界限不明、部分外觀設(shè)計(jì)保護(hù)制度缺失、保護(hù)范圍存疑、多重保護(hù)等值得探討研究的問(wèn)題逐漸浮出水面,進(jìn)入公眾視野。2016年,針對(duì)下級(jí)法院在三星與蘋(píng)果專(zhuān)利案件中裁判三星公司承擔(dān)的3.99億美元罰款的判決,美國(guó)最高院認(rèn)定此判決無(wú)效;360公司以外觀設(shè)計(jì)侵權(quán)將江民公司訴至北京知識(shí)產(chǎn)權(quán)法院。這兩起案均涉及圖形用戶(hù)界面外觀設(shè)計(jì)問(wèn)題,并將圖形用戶(hù)界面外觀設(shè)計(jì)問(wèn)題的討論推上了風(fēng)口浪尖。案件發(fā)生的時(shí)間點(diǎn)絕非偶然,圖形用戶(hù)界面的發(fā)展經(jīng)過(guò)萌芽期、發(fā)展期、成熟期,目前正處于其全盛時(shí)期,創(chuàng)作過(guò)程融合設(shè)計(jì)學(xué)、美學(xué)、心理學(xué)、傳播學(xué)及人體工程學(xué)等諸多學(xué)科領(lǐng)域。功能上,圖形用戶(hù)界面從解決人機(jī)對(duì)話(huà)的矛盾,上升到影響技術(shù)的發(fā)展和創(chuàng)新,已從單純的功能性和美感的裝飾配角,蛻變成為一種具有品牌價(jià)值感染力和號(hào)召力的驅(qū)動(dòng)者角色。產(chǎn)業(yè)發(fā)展上,移動(dòng)電子產(chǎn)品發(fā)展日新月異,對(duì)我國(guó)經(jīng)濟(jì)社會(huì)發(fā)展的影響也是舉足輕重。據(jù)實(shí)務(wù)研究,外觀設(shè)計(jì)專(zhuān)利有效存量每增加1%,GDP增加0.17%,商業(yè)訴訟爭(zhēng)端在所難免。但是,訴訟爭(zhēng)端所暴露出的圖形用戶(hù)界面外觀設(shè)計(jì)保護(hù)問(wèn)題僅為冰山一角。關(guān)于圖形用戶(hù)外觀設(shè)計(jì)保護(hù)的問(wèn)題是一個(gè)相當(dāng)有實(shí)務(wù)價(jià)值的研究課題。本文結(jié)構(gòu)包括緒論、主體和結(jié)語(yǔ)三部分,主體部分分為五章。第一章,系統(tǒng)的介紹圖形用戶(hù)界面外觀設(shè)計(jì)相關(guān)基本概念和分類(lèi)。試圖將圖形用戶(hù)界面外觀設(shè)計(jì)的含義、技術(shù)基礎(chǔ)和多重保護(hù)的內(nèi)涵闡述清楚,以此作為全文研究的基礎(chǔ)和出發(fā)點(diǎn)。第二章,從立法和司法兩個(gè)方面展開(kāi),介紹我國(guó)圖形用戶(hù)界面法律保護(hù)實(shí)踐。其中司法保護(hù)又分《專(zhuān)利審查指南》修前和修后兩個(gè)階段進(jìn)行敘述,試圖將我國(guó)針對(duì)圖形用戶(hù)界面外觀設(shè)計(jì)保護(hù)實(shí)踐演變過(guò)程呈現(xiàn)清楚。第三章,從圖形用戶(hù)界面外觀設(shè)計(jì)保護(hù)體系出發(fā),結(jié)合具體的圖形用戶(hù)界面外觀設(shè)計(jì)專(zhuān)利申請(qǐng)和司法實(shí)務(wù)中的問(wèn)題,揭示我國(guó)圖形用戶(hù)界面外觀設(shè)計(jì)法律保護(hù)實(shí)踐中存在的不足。第四章,比較法分析,選取美國(guó)、歐洲和日本三個(gè)具有代表性的國(guó)家和地區(qū),分別從圖形用戶(hù)界面外觀設(shè)計(jì)保護(hù)制度演變的歷史和實(shí)務(wù)申請(qǐng)中的要求兩個(gè)角度展開(kāi),以期尋得可供借鑒的理論和經(jīng)驗(yàn),為我國(guó)圖形用戶(hù)界面外觀設(shè)計(jì)法律保護(hù)實(shí)踐提供一些啟發(fā)。第五章,針對(duì)現(xiàn)階段圖形用戶(hù)界面外觀設(shè)計(jì)保護(hù)體系的發(fā)展現(xiàn)狀和不足,結(jié)合域外保護(hù)經(jīng)驗(yàn),提出一些建議。首先,應(yīng)當(dāng)引入部分外觀設(shè)計(jì)保護(hù)制度,作為圖形用戶(hù)界面外觀設(shè)計(jì)保護(hù)的基礎(chǔ)理論;其次,區(qū)分保護(hù)客體與載體,避免載體限制,明確外觀設(shè)計(jì)的本質(zhì);然后,以國(guó)家工業(yè)設(shè)計(jì)水準(zhǔn)和行業(yè)發(fā)展需求為準(zhǔn)繩,完善保護(hù)范圍;最后,以分類(lèi)描述的方式重構(gòu)圖形用戶(hù)界面保護(hù)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.
【學(xué)位授予單位】：南京大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2017
【分類(lèi)號(hào)】：D923.42
，
本文編號(hào)：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.
【學(xué)位授予單位】：南京大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2017
【分類(lèi)號(hào)】：D923.42
，
本文編號(hào)：2370879
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