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Beyond the CodeProtection of Non-Textual Features of Software$
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Noam Shemtov

Print publication date: 2017

Print ISBN-13: 9780198716792

Published to Oxford Scholarship Online: October 2017

DOI: 10.1093/oso/9780198716792.001.0001

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Protecting User Interfaces

Protecting User Interfaces

Chapter:
(p.188) 7 Protecting User Interfaces
Source:
Beyond the Code
Author(s):

Noam Shemtov

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198716792.003.0007

This chapter examines the scope of protection to which graphical user interfaces may be eligible under various intellectual property rights: namely, trade marks, unfair-competition laws, design rights, copyright, and patents. It first considers the extent of copyright protection over a software product’s ‘look-and-feel’ elements, with particular emphasis on graphical user interfaces protection under US and EU laws. It then discusses trade-mark, trade-dress, and unfair-competition protection for graphical user interfaces, along with intellectual property rights protection for design patents and registered designs. Finally, it describes the patent protection for graphical user interfaces in the United States and at the European Patent Office.

Keywords:   graphical user interfaces, look and feel, functionality, intellectual property rights, trade marks, unfair-competition laws, design rights, patents, copyright protection, software, trade dress, registered designs

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