Nec Corporation vs The Controller Of Patents And Designs … on 9 March, 2026

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    1. All these statutory appeals have been filed under the Designs Act, 2000

    (the Act) and raise a common question “Whether Graphic User Interface

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    (GUI) satisfies the criteria of a design making it eligible for registration

    under the Act?”

    2. GUI is a form of user interface which allows users to interact with

    electronic devices through graphical icons and visuals in indicators such

    as secondary notation. In computing, a GUI is a visual way for users to

    interact with devices using elements like icons, windows, menus and

    buttons instead of typing commands.

    3

    The appellants:

    3. The common thread in the arguments of all the appellants is that, there is

    misconceived notion in the Office of Designs that GUIs are not per se

    registrable under the Act. In construing the definitions of “article” under

    section 2(a) and “design” under section 2(d) of the Act, the respondent

    authorities have adopted an unduly strict and narrow interpretation. All

    the impugned orders proceed on the basis that the Locarno classification

    which had introduced GUI registration as a design is only of

    administrative assistance and in the absence of any amendment to the

    Act, does not aid in interpreting the definition of either “article” or

    “design”. The impugned orders have also erroneously interpreted that

    GUIs are not “applied by any industrial means or process” and hence do

    not fall within the definition of “design”. In addition, the impugned orders

    are flawed inasmuch as it has been held that since GUIs are neither sold

    nor manufactured separately they cannot be treated as an “article”. The

    impugned orders have also proceeded on the misconception that all

    foreign decisions are inapplicable since the definitions of design, article

    and industrial processes in those jurisdictions are different from the Act.

    The fact that a GUI is visible only when the device is switched ON and

    remains ON is another factor which has weighed in rejecting registration

    of GUIs. There is also no element of permanence in a GUI which makes

    the same not registrable. The order dated 6 July, 2023 passed in UST

    Global (Singapore) vs. Controller of Patents and Designs by the Controller

    is based on a misinterpretation of the Act. An additional ground in some

    of the appeals is one of violation of the principles of natural justice

    inasmuch as the orders are non speaking. In such circumstances, it is

    contended that the impugned orders are liable to be set aside and all the

    applications be remanded for rehearing.



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