A Graphical User Interface (GUI) is a visual form of interaction between a user and a software product. In legal terms, a GUI constitutes a set of graphical design solutions, including:
- layout of screens and windows,
- navigational structure,
- iconography,
- visual effects, animations, and transitions,
- color and typographic schemes,
- graphical appearance of functional elements.
This set of visual solutions is recognized as an intellectual creation possessing individuality and therefore eligible for legal protection.
A GUI is not merely an aesthetic component. It shapes the overall perception of a digital product, affects its market success, conversion rates, and user trust, making it a valuable intangible asset. Unauthorized copying may cause financial losses, dilution of brand identity, and reduction in the company's value. Accordingly, protecting the GUI becomes a strategic business tool.
Examples of potentially protectable GUIs include ATM interfaces, online banking interfaces, operating systems, SaaS platforms, mobile applications, and marketplace dashboards.
If the GUI features original visual characteristics, it may be registered as an industrial design.
Regulation in Russia: A New Legislative Initiative
In 2025, a draft law was submitted to the State Duma of the Russian Federation proposing amendments to Article 1352 of the Civil Code to allow GUIs to be protected as industrial designs.
The draft introduces the following provision:
"A graphical user interface of a computer program, or a component thereof having independent significance, shall also be protected as an industrial design."
Thus, the legal regime of industrial design protection is extended beyond the physical form of products to include digital visual elements, closing a long-standing regulatory gap.
Previously, GUI protection in Russia was limited to:
- Copyright protection as a work of design;
- Trademark protection, only in specific and narrow cases;
- Unfair competition claims, which are complex and unpredictable.
The amendment aligns Russian law with the practice of the EU, USA, and Asia, providing a clear mechanism for the legal protection of digital design.
International Practice
European Union
Directive 98/71/EC and Regulation No. 6/2002 allow GUIs to be protected as "appearance of a product." The Court of Justice of the EU recognizes GUI as part of a product's external appearance.
United States
GUIs are protected through design patents. The Apple vs. Samsung litigation set a precedent for the protection of interface layouts, icon arrangement, and other visual elements.
Japan
The Design Act explicitly includes GUIs as protectable industrial designs.
China
Since 2021, GUIs may be registered as industrial designs, provided they meet originality and novelty requirements.
Russia follows the same global trajectory.
Advantages of Registering a GUI as an Industrial Design
- Direct legal protection against copying. The owner can prohibit unauthorized reproduction of interface elements.
- Alignment with international standards. Useful for cross-border operations and harmonized legal strategies.
- Increase in the value of intangible assets. A GUI becomes a commercializable asset that can be licensed, transferred, and valued.
- Stronger enforcement practices. Clearer guidance for patent examiners and courts.
- Incentives for innovation. Original UI/UX solutions acquire financial and competitive value.
Risks and Legal Challenges
- Patent trolling. Weak examination may allow registration of trivial interface elements.
- Assessment of originality. The boundary between creativity and standard UI patterns remains difficult to define.
- Cost barriers. Industrial design registration is more expensive and formalized than copyright.
- Overlapping regimes. GUI may be protected simultaneously as:
- an industrial design,
- a copyrighted design work,
- Agile development constraints. Frequent UI changes may require repeated registrations.
Litigation Outlook
Experience from the EU and USA shows that GUI disputes may concern icon shapes, interface structure, arrangement of elements, and even micro-design details.
Similar disputes are expected in Russia in areas such as:
- mobile applications,
- marketplace dashboards,
- fintech interfaces,
- online platforms and SaaS products.
GUI protection is becoming a significant field of IP litigation.
Practical Application
Russia (example: iPpro.ru and the branch office of IP Pro in Krasnodar)
Typical workflow includes:
- conducting a GUI audit;
- identifying original design elements;
- preparing visual materials for submission to Rospatent;
- choosing a protection strategy (copyright + industrial design);
- monitoring unauthorized copying.
Businesses request GUI protection when:
- launching apps or fintech services;
- expanding to marketplaces;
- developing proprietary SaaS platforms;
- protecting unique digital products.
Belarus (example: trade-mark.by)
Belarus allows GUI protection as industrial designs under the Law on Patents for Inventions, Utility Models, and Industrial Designs.
Practical specifics include:
- eligibility of interface designs for industrial design registration;
- parallel copyright protection;
- active use of unfair-competition mechanisms;
- comprehensive IP portfolios for IT and banking sectors.
The typical workflow involves:
- expert analysis of visual solutions;
- preparation of graphic materials;
- representation before the patent authority;
- enforcement against unauthorized copying.
Conclusion
Recognizing GUIs as industrial designs fundamentally strengthens legal protection for digital visual solutions. This enhances the positions of Russian and Belarusian IT companies and aligns domestic practice with international standards.
Businesses should already begin:
- auditing their GUIs;
- identifying original UI/UX elements;
- developing a dual protection strategy (copyright + industrial design);
- implementing market monitoring for infringements.
Legal protection of user interfaces is no longer theoretical—it is a practical tool for competition, monetization, and capitalization of digital assets.