Harish Khan

This is Harish Khan, Enrolled as an Advocate with the Bar Council of Delhi. Currently, working as Legal Manager at Blackbull Law House. Pursued B.B.A. LL.B (Hons) Specialised in Business Laws from Hi
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Harish Khan
What Are Trade Disputes under the WTO, and How Are they settled through the Dispute Settlement Mechanism?
Trade disputes arise when nations disagree on trade rules or practices. The WTO resolves these disputes through its Dispute Settlement Mechanism, guided by the DSU. This structured process ensures fairness, predictability, and compliance with trade agreements.
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Harish Khan
How does the Court of Justice of the European Union shape Legal Integration and EU Law?
The Court of Justice of the European Union ensures uniform application of EU law across Member States through direct proceedings and preliminary rulings. Its role in legal integration, judicial supremacy, and shaping key legal principles is pivotal for the EU.
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Harish Khan
Beyond the Algorithm: The Human Right to Be Forgotten
Right to be Forgotten, privacy law, GDPR, Google Spain, data protection, digital privacy, data erasure, freedom of expression, personal data, EU regulations, public interest, search engines, data subjects, right to erasure.
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Harish Khan
What is the significance of the 'Right to Communication to the Public' and 'Reproduction Right' in the digital age?
The digital age redefines communication and reproduction rights, offering creators global reach while posing copyright challenges. Balancing innovation with intellectual property protection ensures fair use, ethical content sharing, and a thriving creative economy.
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Harish Khan
What are the Rights of the Broadcasting Organisations under Copyright Law?
Broadcasting organisations in India are protected under the Copyright Act, 1957, with rights like rebroadcasting, communication to the public, fixation, distribution, and moral rights. These ensure broadcasters control their content, prevent misuse, and monetize effectively.
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Harish Khan
What makes an Invention Patentable under Indian Law?
A patent grants inventors exclusive rights, fostering innovation by protecting new ideas. Under India's Patents Act, 1970, patentability hinges on novelty, inventive step, and industrial applicability, ensuring only deserving inventions achieve legal protection.
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Harish Khan
Do Computer-Generated works qualify for Copyright Protection?
Copyright law protects original works, including computer software, under India's Copyright Act of 1957. While AI-generated works raise questions about authorship, the Act doesn’t explicitly address them. As AI advances, copyright law may need reform to accommodate these changes.
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Harish Khan
Why are certain Inventions not granted Patent in India?
The Indian Patent Act, 1970, under Sections 3 and 4, excludes certain inventions from patentability to protect public interest, ethics, and natural principles. Non-patentable categories include frivolous inventions, natural discoveries, and methods against public order.
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Harish Khan
What is the Doctrine of “Work for Hire” under Copyright Law?
The "Work for Hire" doctrine assigns copyright ownership to employers or commissioning parties for works created under employment or specific contracts. It ensures clarity in ownership, balancing creators' rights with employers' or clients' interests, unless agreed otherwise.
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Harish Khan
What is Compulsory Licensing under Copyright Law?
Compulsory licensing under copyright law allows the use of copyrighted works without the owner’s consent when access is restricted. It ensures public access to creative works while compensating creators, balancing copyright protection and societal needs.
What constitutes Copyright in Musical Works?
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Harish Khan
What constitutes Copyright in Musical Works?
Copyright in musical works safeguards the rights of creators, including composers and lyricists, by providing exclusive control over their compositions. It fosters innovation, ensures financial rewards through royalties, and balances the interests of original and remix creators.
From Sweat of the Brow to Creativity: What Constitutes “Originality” Under Copyright Law?
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Harish Khan
From Sweat of the Brow to Creativity: What Constitutes “Originality” Under Copyright Law?
Originality is fundamental to copyright law, ensuring protection for creative works. Courts assess originality through various tests, such as the "sweat of the brow" doctrine, the "modicum of creativity" test, and the "skill and judgment" test, balancing effort and creativity.
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Harish Khan
How is Copyright Registered and Protected in India: A Step-by-Step Guide?
Copyright protects creators' original works, granting exclusive rights over reproduction, distribution, and public performance. In India, registration under the Copyright Act, 1957 ensures legal protection, ownership, and opportunities for revenue generation.
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Harish Khan
What are the Legal Remedies for Copyright Infringement, from Piracy to Penalties?
Copyright infringement occurs when a copyrighted work is used without authorization, violating the owner's exclusive rights. Remedies under the Copyright Act, 1957 include civil, criminal, and administrative measures, ensuring robust legal protection for creators.
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Harish Khan
What is the Lifespan of Creativity: How does Ownership and Duration Operate under Copyright Law?
Copyright law safeguards creators' rights but raises complexities in ownership and duration. Ownership varies with authorship, work-for-hire, or licensing. Duration ensures protection for 60 years post-creation or an author's life, balancing rights and public access.
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Harish Khan
How Does the Doctrine of Fair Use Foster Creativity While Protecting Copyright?
The doctrine of fair use balances copyright protection with public interest, enabling transformative uses like criticism, education, and parody. Both U.S. and Indian frameworks ensure creativity thrives while safeguarding creators’ rights against market harm.
What are the Constitutional Safeguards and Legal Frameworks for Freedom of the Press in India?
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Harish Khan
What are the Constitutional Safeguards and Legal Frameworks for Freedom of the Press in India?
The freedom of the press in India, implicit under Article 19(1)(a) of the Constitution, is vital for democracy. While it empowers open dialogue, it is subject to reasonable restrictions under Article 19(2) to ensure public order, security, and individual rights.
How Has Media Law Evolved in India: A Historical and Legal Journey?
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Harish Khan
How Has Media Law Evolved in India: A Historical and Legal Journey?
Media law in India governs the regulation of media activities, balancing freedom of expression with necessary restrictions. Its evolution spans from ancient India to the colonial era, culminating in post-independence legislation ensuring responsible media practices.
What is the relationship between Freedom of Speech and Expression and the Right to Advertisement?
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Harish Khan
What is the relationship between Freedom of Speech and Expression and the Right to Advertisement?
Advertising intersects with the right to freedom of speech, protected under Article 19(1)(a) of the Indian Constitution. Courts have ruled that commercial speech is fundamental, yet regulations must ensure ethical standards, consumer protection, and balanced freedoms.
Censorship in Broadcasting and OTT Platforms: Regulation of OTT Content under IT Rules, 2021
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Harish Khan
Censorship in Broadcasting and OTT Platforms: Regulation of OTT Content under IT Rules, 2021
The rise of OTT platforms in India has sparked a debate on balancing free expression and societal interests. The IT Rules, 2021, aim to regulate content with a three-tier grievance redressal system, ensuring accountability while addressing concerns over censorship.
How Can Freedom of Speech Be Balanced with Judicial Authority While Analyzing Contempt of Court in India?
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Harish Khan
How Can Freedom of Speech Be Balanced with Judicial Authority While Analyzing Contempt of Court in India?
This article examines the intricate balance between freedom of speech and judicial authority in India, focusing on contempt of court laws. It highlights the interplay of constitutional rights, judicial powers, and the need for reforms to align with democratic principles.
How can freedom of speech and parliamentary privileges be balanced to uphold rights, responsibilities, and democratic integrity?
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Harish Khan
How can freedom of speech and parliamentary privileges be balanced to uphold rights, responsibilities, and democratic integrity?
Parliamentary privileges and freedom of speech are essential to democratic governance. They ensure MPs can perform duties without undue interference. However, these rights must be balanced with accountability to prevent misuse and uphold public trust in democratic institutions.
What is the Hot News Doctrine under Copyright Law?
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Harish Khan
What is the Hot News Doctrine under Copyright Law?
The Hot News Doctrine protects time-sensitive information like breaking news or live sports updates from unauthorized use. While recognized in the U.S. under cases like NBA v. Motorola, its application in India relies on common law, facing challenges in a digital age.
Does copyright protection apply to computer-generated works?
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Harish Khan
Does copyright protection apply to computer-generated works?
The evolution of copyright law now includes protection for computer-generated works, though challenges persist, especially with AI-created content. Questions about originality, human authorship, and ownership highlight the need to adapt laws to modern technological realities.
What is the significance of performer’s rights in the copyright regime?
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Harish Khan
What is the significance of performer’s rights in the copyright regime?
Performers' rights under copyright law recognize the contributions of artists like actors, musicians, and dancers. These rights offer protections against unauthorized use, ensure fair compensation, and uphold moral rights, enhancing their creative and economic interests.
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