Is the user interface (UI) protected?

The user interface (UI) is not merely an aesthetic element but also a valuable intellectual property that can determine brand recognition, user experience, and even the success or failure of a technology product. In the context of increasingly common copying and imitation of interfaces, is the user interface (UI) protected? VCD will analyze and clarify this in the following article.

What is a user interface (UI)?

The user interface (UI) is a collection of visual elements that allow users to interact with software, applications, or websites, including:

• Screen layout

• Main colors

• Icons and buttons

• Navigation bars and menus

• Fonts, images, and graphics

• Transition effects and interactions

UI is not only technical but also reflects creative thinking, design style, and brand identity. In fact, many successful applications owe their success to user-friendly, easy-to-use, and highly recognizable interfaces.

Is the application interface (UI) protected?

According to Vietnamese Intellectual Property Law, the application interface (UI) is not defined as a separate protected object. However, this does not mean that the UI is not protected by law. In fact, application interfaces can still be indirectly protected if they meet certain conditions regarding creativity and form of expression.

Specifically, Article 14 of the 2022 Intellectual Property Law stipulates the types of works protected by copyright, including “applied art works” and “visual works.” An application interface, characterized by the combination of layout, color, symbols, images, and graphic design style, can be considered an applied art work if it is directly created by the author and expressed in a concrete physical form (design file, interface image, demo, etc.).

Furthermore, Clause 2 of Article 14 of the 2022 Intellectual Property Law also affirms that copyright protects the form of expression of the work, not the idea, process, or method of operation. Therefore, the law does not protect the design ideas of the user interface, but rather the specific representation of the UI on each application screen.

In addition to copyright, some elements constituting the application interface, such as icons, logos, or distinctive identifying marks, may also be considered for trademark protection under Article 72 of the 2022 Intellectual Property Law, if they meet the conditions of distinctiveness and commercial use.

Thus, application interfaces (UI) can be fully protected under Vietnamese law, but not in a “comprehensive” way like software or inventions. Instead, protection is based on specific aspects, primarily copyright for the form of representation and trademarks for identifying elements.

Understanding the true nature and mechanism of UI protection is crucial for businesses and developers to choose appropriate protection methods, limiting the risk of copying or future legal disputes.

Risks of not protecting application interfaces

Failure to register application interface (UI) protection can expose businesses to serious legal and commercial risks.

• Interfaces are easily copied or subtly modified, but without a protection certificate, owners face significant difficulties in proving authorship and seeking action against infringement.

• In case of disputes, businesses often spend considerable time, money, and resources gathering evidence to prove the creation process and ownership of the interface. In many cases, prolonged disputes affect product development progress and business strategies.

• In addition to legal risks, allowing interfaces to be copied directly impacts reputation and brand recognition. Users may confuse the original product with the copied product, thereby eroding trust and the professional image of the business in the market.

• In particular, in practice, many cases have been recorded where the copying party proactively registers for protection beforehand (copyright or trademark for interface elements). In such cases, the original owner is put in a passive position, even risking being sued or forced to cease using the interface they created.

Therefore, registering application interface protection from the outset is not only a measure to prevent legal risks, but also a strategic step to protect intellectual property and the long-term competitive advantage of the business.

The above is the article “Can Application Interfaces (UI) Be Protected?” that VCD wants to share with you. Hopefully, the information in this article has helped you better understand the possibility of protecting application interfaces under Vietnamese law, as well as the importance of registration to limit the risk of copying and future disputes.

Sincerely,

FAQ