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5G Technology and Intellectual Property Rights

Publications, Research paper

ABSTRACT

Fifth Generation (5G) technology is the fastest network of mobile as compared to other networks like 4G, 3G, 2G, and 1G, as this Fifth Generation (5G) network of mobile can provide users any information on the internet very fast as compared to other mobile networks. This will also help in running the businesses more smoothly. My research discusses the Fifth Generation (5G) technology, like its importance, purposes, future scope, and challenges faced due to this technology. A short history of technology and how this Fifth Generation (5G) technology had evolved and got an impact on the legal system is also presented in my research. Fifth Generation (5G) Wireless Technology comes under the latest development. Through this technology, people can use a very high speed of internet, as this Fifth Generation (5G) Technology gives a very huge network capacity, more reliability, ultra-low latency, and a good user experience. An overview of Fifth Generation (5G) Technology is presented in this research paper. This paper also includes how this Fifth Generation (5G) Technology is connected to Intellectual Property Rights (IPR) and what are the issues which are related to this. Finally, this research paper will conclude how technologies are changing rapidly and impacting the whole legal system.

KEYWORDS:

5G, Technology, Capacity, IPR, Wireless, Network

  1.           INTRODUCTION

Fifth Generation which is also known as 5G is a mobile network that opens a new network among the people. Through Fifth Generation (5G) network, people have access to very high-speed internet which helps them get information very fast. This network helps users in downloading and uploading things from the internet very fast due to its increased speed. This network is capable of giving their users, data rates of up to Twenty (20) gigabits per second (Gbps). 4G networks were capable of giving of maximum One (1) gigabit (Gbps) to their users. This  Fifth Generation (5G) mobile network gives lower latency through which the performance of digital experiences like video-conferencing, online gaming, online watching movies, videos, etc. will get improved. It will also enhance the performance of business applications too. Earlier mobile networks like Fourth Generation (4G), were just aimed at connectivity but this Fifth Generation (5G) technology aims the connectivity to a higher level as this technology utilizes cloud technologies also. It delivers a connected experience from the cloud to clients. Through this cloud technique, users can experience high-quality PC games just on their smartphones. This cloud technique is called cloud gaming. In this, games will run on the servers. There is no need for installation of the video games.

Intellectual property rights, in short, referred to as IPR, are the legal rights given to the creator or an inventor to protect his or her creation or an invention and that is for a certain period. The main purpose of creating the Intellectual Property Law is to protect individuals’ creations from being copied or sold by others. Violating these laws is a punishable offense. Nowadays, these violations are mostly seen or are very common on YouTube. Some intellectual properties are patents, trademarks, copyrights, design rights, logos, business or trade names, domain names, etc.

  1. LITERATURE REVIEW

This paper mainly focuses on the importance or need of the invention of this new Fifth Generation (5G) Technology, what is an impact on the legal system, the issues which are related to Intellectual Property, and how this Fifth Generation (5G) Technology is connected with Intellectual Property. This paper also highlights the research gaps that had been made, advantages, disadvantages, and the future of this new Fifth Generation (5G) Technology with a summary and the conclusion of how technology is advancing fast and impacting the whole legal system.

  1.     RESEARCH METHODOLOGY

The research methodology used in this research paper is the secondary method. All the information or data collected is from other research papers, articles, books, and websites which can be easily found online. This research paper is presented in such a way that it discusses the history of technology, evolution of networks, challenges of 5G, importance, advantages, disadvantages, and purpose of 5G Technology. This paper also tells about the impact of technology on the legal system and how it is connected to Intellectual Property.

History of Technology

The word ‘Technology’ means scientific knowledge. The main purpose of technology is to help humans in solving their problems, fulfilling their desires or needs, and making their lives easy too.[1] Homer and Hesiod discovered and defined the technology. With the invention of technology, the invention of the internet had been done. The internet was created on January 1st, 1983. The Advanced Research Projects Agency Network (ARPANET) had got its existence in 1969. This network got TCP or IP on 1st January 1983 and then all the researchers started working on the networks which gave rise to the modern internet. TCP stands for Transmission Control Protocol, which is a way of communication that allows the application program and computing devices in exchanging messages over networks. It helps in delivering data and messages over the networks. TCP is used to interconnect the network devices on the network and is also used as a communication protocol in private networks. IP stands for Internet Protocol, which is a set of rules for routing data so that they can travel over networks and finally reach the right destination. After this, the evolution of networks arises very fast. The purpose of creating networks is to connect people, no matter how far they are from each other. But with the rising technologies, networks also rose very fast. Earlier, networking was just limited to audio calls, but now it is not limited to audio calls. Through networks, everyone is connected virtually with each other.

  • Evolution of Networks

The evolution of networks began with the invention of the first network that is Advanced Research Projects Agency Network (ARPANET). Earlier at the time that is before the discovery of TCP or IP, many computer networks did not have a standard communication way. After this, a new protocol for communications was created that is the Transfer Control Protocol or Internet Protocol (TCP or IP).[2] From then, researchers began to work on networks. Like these creations of networking grew and after the invention of mobiles, mobile cellular networks came into existence. Here is a short look at the growing mobile networks.

  1. 1G

1G was the First Generation of the cellular network which was launched by Nippon Telegraph and Telephone in the year 1979. This First Generation of cellular wireless network was based on an analog system whose speed was around 2.4 kbps which permits the users to make voice calls in only one country. But there were many issues in this First Generation (1G) mobile cellular network and that was a low sound quality due to which it was hard to listen to others, there was too much crackling in the background, and static noises were present in large numbers. There was an absence of roaming features. The downloading speed was very low which was around 2.4 kbps.[3]

  • 2G

After 1G there is a new invention made by researchers that is the Second Generation (2G) cellular network. This technology was more upgraded in comparison to 1G as it gives better quality of sounds and also reduced background crackling and static noises. This Second Generation (2G) technology had encrypted call features where no one can drop an unwanted call.[4] The average speed was about 0.2 Mbps.

  • 3G

Then there is an arise of more advanced technology that is the Third Generation (3G) mobile cellular networks. Through this technology, users can access data from anywhere as this technology enables international roaming services. This technology gives users more speed as compared to 1G and 2G through which video calls, streaming of videos, and live video came into existence.[5]

  • 4G

A new era of high-speed internet came that is the Fourth Generation (4G) mobile cellular networks. The Fourth Generation (4G) technology provides users with a very high speed of internet where the download speeds land up to 100 Mbps which is Twenty times faster than Third Generation (3G) mobile cellular networks. This 4G technology gives a very high quality of videos, online gaming, and even users can access any information from the internet very fast.[6] The mobile devices are specially made to support 4G networks.

  • 5G

This Fifth Generation which is also known as 5G Technology is the latest, most advanced, and super-fast technology which supports an extremely high speed of internet where users will experience very good quality downloading and uploading speed, high quality of videos, and also users can gain any information very fast. Through this technology, a new video gaming era is evolving as only with the help of this 5G technique, users can enjoy very high-quality video games that are (AAA) console-quality games which earlier runs only on computers or play stations. But now, these AAA games can run on a very small device which is known as a smartphone. There is no need for any installation of the games as they will run on the servers. Users just have to download apps which are called Online emulators in which they have to purchase subscriptions.

  • An Overview

The Fifth Generation technology is very fast as compared to earlier mobile cellular networks. The first country who had offered this Fifth Generation (5G) Technology was South Korea and that was in the year 2019. But after all this, there are some major drawbacks or challenges faced due to this technology and they are mentioned below.

  • Challenges of 5G
  1. To use a 5G mobile network, companies have to manufacture mobile devices which support 5G networks. To do this, a very large number of 4 G-supported mobile devices need to be replaced.[7]
  • The second common challenge is standardization to give data-rich and dynamic services to meet the high expectations of the people. Even the researchers are facing technological issues of standardization of the Fifth Generation (5G) services.
  • The third challenge of Fifth Generation (Gen.) (5G) is that it has to ensure the protection of the personal data of the users.
  • Crimes like Cyber-crimes, and fraud may also get increase due to this advance 5G Technology.
  • The Fifth Generation (5G) services are costly compared to the Fourth Generation (4G) services in their initial days. This is because it needs more investment in infrastructure. New antennas had to be installed.
  • Why 5G Technology is Important?

The Fifth Gen. (5G) networks are important as every human needs this kind of technology because due to this all the tasks of humans can be performed at a very fast speed which will give an effective result. Many new features will be available to the users like online video gaming, especially AAA console-quality games which will run on smartphones. This 5G technique will also help many businesses run very smoothly and fast. There will be uninterrupted connectivity all over the world. Due to this 5G Technology, many schools, colleges, and hospitals will also run perfectly.

This technology helps students in learnings as it provides several online learning platforms. Due to the COVID–19 pandemic, online learning tends to increase which helps users to take online classes from home. Even it helped many professionals as the technology had created the Work-From-Home (WFH) feature due to this COVID–19 pandemic. Earlier it was a very time-consuming process to book tickets for trains, aero-planes, cinema halls, and hotels. But now with the rising technology, especially the Fifth Generation (5G) Technology, it is very easy for everyone to book tickets in just a few minutes.

  • Advantages and Disadvantages of 5G
  1. Advantages

This technology helps in upgrading the speed. It provides extremely low latency. It also provides improved user experiences like in online video gaming and video streaming as compared to earlier mobile networks. Users can access any information from the web very easily and fastly. It will also help many businesses run very smoothly. It will also have a greater capacity for remote execution. This 5G technology will increase more bandwidths that will help in transferring the data fast.

  • Disadvantages

This Fifth Generation (5G) Technology is available only in some places. In its initial days, it is very expensive as the settlement of the tower stations is very high. The mobile devices which support the Fifth Generation (5G) Technology will drain fast as they consume the battery. As this 5G Technology connects more devices across the world, then there will be a huge chance of cyber-attacks like stealing of users’ personal data, hacking, etc. This technology also lacks encryption.

Purpose

The purpose of this new Fifth Generation (5G) Technology is to provide users with very high-speed internet services where users can access any information very fast and easily. This 5G technology also aims in making the lives of each person in this world easy, no matter in what profession the person is in. This 5G Technology gives new opportunities and helps in creating a safer, smarter, and more sustainable future for humans.

  • Connection to Intellectual Property

Intellectual Property is an invention or a kind of creation which is done by a human. This new creation or invention is done to make something new in the world. These Intellectual Properties are intangible assets means they do not have their physical existence. So, to protect these properties of humans, there is a legal right that exists that is known as Intellectual Property Rights, or in short referred to as IPR. The main motive of Intellectual Property Rights is to protect human inventions from being copied. Some of the types of IPR are patents, copyrights, trademarks, designs, geographical indications, databases, etc.

  1. Patents – It gives protection to an individual’s creation as it gives an owner of the creation a right to stop others to sell, making, or using the invention which is patented and this is for a certain period.
  1. Copyrights – It is the right given to an owner of the invention to make copies of the original work which had been done by the owner itself and after this owner can sell it in the market. The copyright owner is a person like suppose Ram had written a book, so here Ram is a copyright owner. This right aims at protecting the original work of an owner.
  2. Trademarks – It is an Intellectual Property that helps in protecting the brand from competitors. It is a unique symbol, word, or word which represents any organization or business. No other organization can use those symbols or words. The validity of trademarks is never-ending. Trademarks help customers in identifying a product or a brand.

Technologies are also an invention or a creation of an individual or a group of individuals. It also needs protection. Intellectual Property Rights play a vital role in the field of technology. The rights which are important concerning the technologies are confidentiality, copyrights, database rights, and trade secrets. The designs, logos, and names of the business or an organization must need to be protected from being used by others. Intellectual Property Rights (IPR) is very important in the field of technologies as it stops other people to use or sell products without the owner’s permission.

Those people who to try use or infringe those products, in any manner, can be sued. Infringement means an act of breach or violation of any law or contract. It is a non-bailable offense. The punishment for infringing of copyright is minimum a charge of Rupees Fifty Thousands (Rs. 50,000/-).

Impact on the Legal System

The technologies had a great impact on the whole legal system. With the help of technology, live-streaming of court can be done which is a great thing. Through recordings, it is very easy for the courts to identify the wrong-doers or criminals. The technologies also helped in accessing any legal information like any case, judgments, rules, or law passed, very fast. Many legal websites had been created with the help of technology. The work of the courts, advocates, lawyers, or a judge is getting easier as the technologies are growing. So this is great proof that the Fifth Generation (5G) Technology will also contribute a lot towards the legal system as it will provide everything extremely fast.

  • Is the Future of 5G good?

The future of this 5G Fifth Generation Technology is good as it provides users with a very high speed of internet where a person can find any information through the internet very fast. It connects multiple devices simultaneously. In the future it brings a lot of changes like improved communication systems, connectivity will also get increased, experiences of video streaming, and online gaming will also get enhanced and business activities will also run more smoothly.

This Fifth Generation (5G) Technology allows businesses to automate tasks and uses the data to make decisions more informally. Supply Chain Management will also get improved. In the future security will also get enhanced as the 5G Technology allows businesses to implement more secure networks. It also brings a new and advanced gaming era which is also called Cloud Gaming. Cloud gamers need to have a 5G internet connection.

  1.                   SUGGESTIONS

Technology is growing very fast. It is impacting every profession. Whenever there is a new creation done by any individual, there is always a right available to that original creator which needs to be protected. Due to the fast growth of technologies and evolving of networks, there are lots of good and bad results that come in front. I would like to suggest that there should be a proper security system be developed to protect users’ data from hackers. This 5G technology is more vulnerable to attack. The three threats to the fifth generation networks are configuration, denial-of-service, and man-in-the-middle attacks.[8]

  •              CONCLUSION

It concludes that the technologies are growing at a very speed. The whole evolution of mobile cellular networks that is from the First Generation (1G) to the Fifth Generation (5G) network had grown at a very fast speed. The invention or the creation of technologies was to help the lives of humans but it did not only help, but also even improved the lives of humans too. When technologies grew, then new laws were also made the most important law is Intellectual Property Law, in which Intellectual Property Rights were given to the creator or an inventor to safeguard his or her creations or inventions for a certain period. There are some major challenges that the Fifth Generation Technology (5G) has to face as already discussed in this research paper. If this technology tackles that challenges then it will be a great success to the Fifth Generation (5G) Technology. Researchers are now even working with the next technology too and that is the Sixth Generation (6G).

By

DEVANSH SINGH

Prayagraj (Allahabad) State University, Uttar Pradesh, India

[1] Kelly Carol, Technology: History and Purpose, STUDY.COM (AUG 12, 2023, 4:43 PM), https://study.com/learn/lesson/invention-technology-purpose-history.html

[2] UNIVERSITY SYSTEM OF GEORGIA, https://www.usg.edu/galileo/skills/unit07/internet07_02.phtml (last visited Aug. 13, 2023)

[3] CENGN, https://www.cengn.ca/information-centre/innovation/timeline-from-1g-to-5g-a-brief-history-on-cell-phones/ (last visited Aug. 13, 2023)

[4] CENGN, https://www.cengn.ca/information-centre/innovation/timeline-from-1g-to-5g-a-brief-history-on-cell-phones/ (last visited Aug. 13, 2023)

[5] CENGN, https://www.cengn.ca/information-centre/innovation/timeline-from-1g-to-5g-a-brief-history-on-cell-phones/ (last visited Aug. 13, 2023)

[6] CENGN, https://www.cengn.ca/information-centre/innovation/timeline-from-1g-to-5g-a-brief-history-on-cell-phones/ (last visited Aug. 13, 2023)

[7] Nitin Abbey, Challenges in implementing 5G, STL TECH. BLOG (Aug. 13, 2023, 1:36 PM) https://stl.tech/blog/challenges-in-implementing-5g/

[8] Maria Korolov and Alex Korolov, 5G network slices could be vulnerable to attack, NETWORKWORLD (Aug. 22, 2023, 3:23 PM) https://www.networkworld.com