Graphical User Interfaces Not Automatically Excluded From Registration Under Designs Act: Calcutta High Court

The Calcutta High Court on Monday held that Graphical User Interfaces (GUIs) are not automatically excluded from protection under the Designs Act and may qualify as registrable designs if they satisfy the statutory requirements.

A GUI is the visual interface of a digital device or software that allows users to interact with it through icons, buttons and menus instead of typing text commands.

A single bench of Justice Ravi Krishan Kapur ruled that the Controller of Designs had adopted an “incorrect and legally untenable” interpretation of the law while rejecting several applications seeking protection for GUI-based designs.

“In summary, there is no per se exclusion for GUIs under section 2(d) of the Act. In view of the above, the contention of the Controller that there is no explicit provision under the Act entailing protection of GUI within the scope of section 2(a) and 2(d) of the Act is incorrect and legally untenable.” the court observed.

The dispute arose after companies including NEC Corporation, ERBE Elektromedizin GmbH, Abiomed Inc and TVS Motor Company Limited filed design applications claiming protection for display screens or panels incorporating graphical user interfaces.

The Controller of Designs rejected the applications on various grounds, including that GUIs were not “articles” within the meaning of Section 2(a), were not applied to an article through an “industrial process” under Section 2(d), lacked permanence since they are visible only when a device is switched on, and were essentially software-based features not capable of registration as designs.

The applicants challenged these decisions before the high court, contending that the Designs Act protects visual features capable of being judged solely by the eye and that GUI layouts constitute aesthetic visual compositions.

Examining the statutory framework, the court observed that the Designs Act protects the “shape, configuration, pattern, ornament and composition of lines or colours” applied to an article.

It noted that GUIs contain visual elements such as iconography, layout, colour schemes and ornamentation that create an overall visual impression.

“The Act protects shape, configuration, pattern, ornament and composition of lines or colours. A GUI inherently comprises iconography, layout, colour schemes, composition of lines and ornamentation, and therefore falls within the kind of visual features the Act contemplates,” the bench said.

The court further noted that GUIs reflect creative choices in arrangement, proportion, spacing, colour palette and icon design, all of which produce a visual effect capable of being judged by the eye.

In this context, the court held that “there is no per se exclusion for GUIs under section 2(d) of the Act” and rejected the Controller's view that the statute does not provide for such protection.

Holding that the rejection orders were legally unsustainable, the court set them aside and remanded the matters to the Controller of Designs for fresh consideration after giving the applicants an opportunity of hearing, in accordance with the correct legal position.