March 26, 2025

Blog

Statement of User Rights Network on Design Protection for Graphical User Interfaces

Professor Sean Flynn delivered the following statement at the World Intellectual Property Organization Standing Committee on Trademarks on the proposal by the United States and others for a Joint Recommendation on Graphical User Interfaces.  The Global Expert Network on Copyright User Rights is an association of IP professors around the world which includes many who also specialize in design law. We support the proposal by the African Group for a study on GUIs before moving further on the proposal for a joint recommendation.  In particular, I draw attention to the work of Professor Sarah Fackrell‬ Burstein, who has studied the use of design law protection on GUIs in the USA. She pointed out in correspondence with me that in the USA “Copyright protection is generally available for this subject matter,” but companies use design protection for GUIs “so they can subvert the low standards of copyright.” In her work Uncreative Designs, 73 Duke L.J. 1437 (2024), she describes how in the USA GUIs are sometimes granted protection that would not meet the copyright standard by the Supreme Court in Feist v. Rural Telephone, which held that information alone without a minimum of original creativity cannot be protected by copyright. One can see many interesting examples of such GUIs at her BlueSky hash tag #SubFeistDesigns https://bsky.app/hashtag/SubFeistDesigns  The US experience suggests that the terms in the joint recommendation may be very important and guidance may be needed for countries that do not want to promote extending protection to GUIs that is beyond that normally available under trademarks and copyrights in most countries already. It may be especially useful to study the potential impacts on large generic markets, such as those for cell phones, where expanding IP promotions for GUIs may negatively affect emerging industries.  We would be happy to work with the African Group and others interested in engaging the scholarship in this area. 

Blog

Knowledge Ecology International Publishes Highlights from WIPO Discussions on Graphical User Interfaces

The 48th session of the WIPO Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT) is considering two submissions from various delegations on Graphical User Interfaces (GUIs). A recent Knowledge Ecology International post authored by Thiru highlighted the key details from WIPO discussions on GUIs, and can be read at this link, or below: SCT 48 – Highlights from WIPO discussions on graphical user interfaces Posted on March 26, 2025 by Thiru As mentioned in a previous blog, Under the topic of industrial designs, the 48th session of the WIPO Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT) is considering two submissions. The first submission is an updated proposal (SCT/44/6 Rev.4) on a Joint Recommendation for Industrial Design Protection for Designs for Graphical User Interfaces, submitted by Canada, Israel, Japan, the Republic of Korea, the United Kingdom, the United States of America and the European Union and its member states. The second paper (SCT/46/5) is a proposal by the African Group for a Study on the Impact of Design Protection for Graphical User Interface (GUI) Designs on Innovation. In advance of the Committee’s consideration of these two papers, the WIPO secretariat convened an information session on 21 February 2025 on Graphical User Interface (GUI) Design Protection. On Monday, 24 March 2025, a number of delegations weighed in on design protection for graphical user interfaces; several delegations referenced the February 2025 information session. The following extracts are taken from WIPO’s speech to text live transcript. This item will be revisited on Wednesday, 26 March 2025. In its opening remarks, Colombia on behalf of the Group of Latin American and Caribbean region (GRULAC) said: “We are also following with interest the ongoing discussions on the protection of graphical user interfaces, GUIs, recognizing their increasing relevance in the digital economy.” Pakistan, on behalf of the Asia Pacific Group, expressed interest in the African Group proposal on a study on the impact of design protection for GUI designs on innovation (SCT/46/5). As regards industrial design protection for GUIs, most APG Member States are of the view that innovation by local firms through utilization and adoption of existing technologies can significantly improve local technological capabilities and enable a form of learning by doing. Such avenues can play an important role in the catch-up process of nascent industries in developing countries with industrial development in other countries. The group, therefore, remains interested in following up with further deliberation on the revised proposal for a study on the impact of design protection for GUI designs on innovation contained in document SCT/46/5. The APG also views the continuation of discussions on the revised proposals regarding the utilization of country names or geographical names of significance as a priority. The group aims to engage in a spirit of collaboration to refine existing proposals towards an appropriate outcome based on inputs from concerned Member States. On this matter, the Chair noted: Item 4 involves two proposals. First, updated proposal by the of Canada, Israel, Japan, the Republic of Korea, the UK and the U.S.A. and the EU and its Member States for a joint recommendation concerning industrial design protection for designs for GUI which is contained in document SCT/44/6 Rev.4. And Another proposal which is made by the African Group for a study on the impact of design protection for GUI designs on innovation which is contained in SCT/46/5. I would like to remind you the fact that in the previous SCT meeting, SCT agreed to invite the Secretariat organize a virtual information session on GIU design protection prior to the next session of the SCT. Actually that information session took place online on the 21st of February. Now I request the Secretariat to report on the information session on GUI design protection. Now give the floor to the Secretariat. The WIPO Secretariat reported: Thank you, Mr. Chair. Good morning, ladies and gentlemen. I will briefly report on the online information session on GUI design protection that was requested by SCT 47 in its March 2024 session. The information session took place online, exclusively online on February 21st this from 1:00 p.m. to 3:00 p.m. The session was structured in three parts. First, a discussion on the development of GUI designs in various sectors. This discussion was moderated by Mr. David Stone, a solicitor at A&O Sherman in London and featured also speakers from Saudi Arabia, the Republic of Korea and Brazil and Nigeria. Secondly, there was a presentation by the Secretariat on the findings from the two SCT questionnaires on GUI design protection. And finally, there was a presentation by WIPO’s department for economics and data Analytics on the economic research on GUI designs that has been carried out by the department. The information session around 200 Delegates registered for this information session. which was followed by 145 Delegates. The European Union provided the following perspectives: Thank you, Mr. Chair. The European Union and its Member States would like to congratulate you and your Vice Chairs on your election and we are looking forward to working during this session under your able guidance. Regarding the topic of GUI designs, the EU and its Member States would like to firstly thank the Secretariat for organizing the virtual information session on the 21st of February. We have listened with great interest to the reports of experts, the findings of the two questionnaires and the update about the forthcoming report by the chief economist of WIPO. The information session provided valuable insights into the current landscape of design protection across various jurisdictions. The presentations revealed significant commonalities in how different countries approach GUI protection and this suggests a strong foundation for potential international harmonization of design law. However, areas of divergence were also highlighted which present opportunities for working towards developing more unified and comprehensive approaches to GUI design protection on a global scale. On this basis, Mr. Chairman, we continue to be convinced that adopting the joint recommendation in document SCT/44/6 Rev 4 is a practical way

Scroll to Top