نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
The Graphical User Interface (GUI) is one of the most important means of human-computer interaction. Due to its creative elements and considerable economic value, a GUI may qualify for intellectual property protection. Given the multifaceted nature of graphical user interfaces, their protection may be sought under various legal frameworks, including copyright protection of databases based on originality in the selection and arrangement of elements, protection as computer programs, and the “look and feel” doctrine. Considering the divergent approaches adopted by legal systems and judicial practice in determining the appropriate form and scope of protection, this study aims to comparatively examine the possibility and methods of protecting the copyright of creators of graphical user interfaces.
This study adopts a descriptive-analytical methodology with a comparative approach. Data were collected through library-based research into relevant laws, regulations, legal instruments, and judicial decisions and were analyzed with particular emphasis on selected legal systems.
The findings indicate that graphical user interfaces, depending on the characteristics and constituent elements involved, may qualify for protection under various forms of copyright. Nevertheless, the scope of protection varies according to the applicable legal framework. In particular, originality, the distinction between idea and expression, and the manner in which the constituent elements are selected and arranged play a fundamental role in determining the scope of the creator’s exclusive rights. Furthermore, differences among legal systems have resulted in variations in the extent and limits of protection afforded to such works. Effective protection of graphical user interfaces requires an accurate determination of the legal nature of their constituent elements and their conformity with the requirements of copyright protection. Selecting an appropriate form of protection can play a decisive role in defining the scope of the creator’s rights and preventing their infringement.
کلیدواژهها English