Modern websites and digital platforms are valuable commercial assets. Their visual appearance, navigation structure, icons, graphics, source code, text, databases and branding may all involve intellectual property. The difficult legal question is whether the website layout or user interface itself can be protected, rather than merely the individual files or components from which it is built.
A Website Is a Collection of Different Copyrightable Components
The Indian Copyright Registration Office explains that a website may contain different works, including text, tables, computer programmes, compilations and databases, photographs, drawings, diagrams, music, sound recordings and cinematograph films. It also states that the website as a whole is not subject to copyright protection and identifies layout, format or the general “look and feel” of a website or webpage among material that may not itself be copyrightable.
Copyright Protection: What Can Be Protected?
The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works, cinematograph films and sound recordings. Computer programmes fall within the statutory framework for literary works, while artistic elements such as original illustrations, icons, graphics and artwork may qualify independently where the statutory requirements are met.
The Layout or “Look and Feel” Is the Difficult Part
The fact that individual elements of a website are copyrightable does not automatically mean that the overall arrangement or visual impression of the website is protected as a separate copyright work. Copyright protects expression, not an abstract idea, business concept or functional method. A claim based merely on a general arrangement, navigation concept, standard interface convention or functional feature is therefore vulnerable.
GUI Protection Has a Separate and Important Design-Law Dimension
A Graphical User Interface (GUI) may contain visual features such as icons, colour schemes, layout, ornamentation and composition of lines. The Designs Act, 2000 therefore becomes relevant where the claimed subject matter satisfies the statutory definition of a design and the other registration requirements.
NEC Corporation v. Controller of Patents and Designs — Calcutta High Court (2026)
In NEC Corporation v. The Controller of Patents and Designs and Anr., 2026:CHC-OS:73 (Calcutta High Court, 9 March 2026), along with connected appeals, the Court considered whether GUIs could satisfy the requirements of a “design” under the Designs Act, 2000. The Court rejected the proposition that a GUI is automatically excluded merely because it is digital, non-permanent or visible only only when an electronic device is switched on. It held that GUIs can be registrable on a case-by-case basis where the statutory requirements are satisfied and the claimed design elements are not purely function-driven.
Important Limitation: NEC Did Not Automatically Grant Registration to Every GUI
The 2026 NEC decision should not be overstated. The Court set aside the impugned rejection orders and remanded the matters to the Controller for fresh hearing. It did not itself order that every GUI is registrable or grant registration to each appellant. The correct proposition is that GUI protection is legally possible under the Designs Act and must be examined case by case against the statutory tests.
Copyright and Design Protection Must Be Carefully Distinguished
Copyright and design protection operate differently. Copyright may protect original artistic works,computer programmes and other qualifying works. Design law focuses on visual features applied to an article and is subject to its own statutory requirements. Section 15 of the Copyright Act also becomes important where a design capable of registration under the Designs Act is applied industrially, making it unsafe to assume that copyright and design rights can simply be accumulated without considering the statutory interaction.
Functionality Is a Major Limitation
A website cannot ordinarily monopolise a functional idea merely because it has expressed that idea through a particular interface. Common features such as search bars, shopping carts, login screens, menu structures, pagination, standard icons or ordinary checkout flows are unlikely to become exclusive merely through their presence on one website. The stronger claim is usually directed to a genuinely original visual or artistic implementation, source code, text, graphics or other protectable component.
HULM Entertainment and the Danger of Overclaiming GUI Copyright
In HULM Entertainment Pvt. Ltd. v. Fantasy Sports MYFAB11 Pvt. Ltd., 2023 SCC OnLine Del 6591, the Delhi High Court dealt with claims concerning a fantasy-sports interface and refused to treat common functional features or an underlying idea as sufficient for protection. The case should not be cited for the sweeping proposition that “GUIs can never be copyrighted.” Its significance lies in the distinction between protectable expression and common functional/interface features.
Trade Mark Protection Can Protect Branding Within a Website
Trade mark law may protect distinctive brand identifiers used on a website, including names, logos and other source-identifying marks, subject to the Trade Marks Act, 1999. This does not mean that the entire interface or layout becomes a trade mark. The legal question is whether the particular sign functions as a badge of origin and satisfies the statutory requirements.
What If a Competitor Copies the Entire Website?
A competitor's copying of a website may potentially give rise to several claims, but the legal analysis must identify what exactly has been copied. Copying original source code may raise copyright issues; copying original graphics or illustrations may raise artistic-work claims; copying text may raise literary-work claims; copying a registered design may raise design infringement issues; and copying distinctive branding may raise trade mark or passing-off issues. A bare allegation that the competitor copied the “look and feel” is much weaker unless the claimant can identify a legally protectable right.
Practical Protection Strategy for Businesses
A business should identify and protect the website at the component level. Important measures include documenting authorship and creation dates; keeping source-code repositories and version histories; using written IP-assignment agreements with developers, designers and agencies; registering important copyright works where strategically useful; considering design registration for eligible GUI designs; protecting names and logos through trade marks; and preserving evidence of copying, including screenshots, source-code comparisons and dated records.
Devil’s Advocate: What Claims Should Be Avoided?
It would be legally unsafe to state that (i) every website layout is automatically protected by copyright; (ii) a website's overall “look and feel” is always copyrightable; (iii) every GUI is automatically registrable as a design; (iv) NEC Corporation created an unconditional right to register GUIs; or (v) copying a functional interface is automatically copyright infringement. These propositions go beyond the current Indian authorities.
Conclusion
The strongest legal position is therefore a nuanced one. Website components can receive intellectual-property protection when they independently satisfy the relevant statutory requirements. Copyright may protect original text, software, graphics, photographs and other qualifying works; trade mark law may protect distinctive branding; and, following the Calcutta High Court's 2026 NEC decision, a GUI may be capable of design registration on a case-by-case basis. However, a website's general layout, functional architecture or overall “look and feel” should not be treated as automatically protected. The practical objective should be to identify the precise protectable element and select the appropriate IP right for it.
