UST Global (Singapore) Pte Ltd Vs The Controller Of Patents And Designs And Anr

The applicant (UST Global, Singapore) filed design application no. 298921 on October 30, 2017 for registration of a design titled “Touch Screen” for surface ornamentation which is a Graphical User Interface (GUI). The application was rejected by the Controller on 4 September 2019. The Applicant appealed the refusal Order at the Kolkata High Court.

The High Court has decided the case in favour of the applicant and set aside the refusal order issued by the Design Office. The court has remanded design application to Design Office and directed them to reassess the case and decide in 3 months’ time.  

Some of the salient points of the judgement are as follows:

• The amendment to Design Rules 2021 and adoption of Locarno Classification allows for GUI design registration.  
• GUI is a software, an intellectual property, an article of value and hence capable of registration.
• The finding that the GUI is visible only in ON mode or operating mode and hence not capable of registration is erroneous. The GUI in the present case is in-built. In-built icons are displayed in shops as well as in advertisements. Designs registered may be applied to any external or internal feature and are capable of registration if they appeal to the eye and enhance the aesthetic value of the product.
• The design submitted by the appellant is a 2D design i.e. a design which possesses the dimensions of length and width but does not possess depth. The novelty of the same can be judged by the eye as soon as the device is turned on. There is no requirement to touch the device in respect of the design.
• The GUI in the present case is in-built. In-built ICONS are displayed in shops as well as in advertisements. Designs registered may be applied to any external or internal feature and are capable of registration if they appeal to the eye and enhance the aesthetic value of the product.
• A software developer develops a source code which creates the GUI. This source code is then embedded in the micro-controllers and micro-processors and is displayed in screen by illuminating pixels by electronic means. Therefore, the design is applied to the article by industrial process and means.