Author
Asst Prof Krishna Nair J
Organisation/Institution
VIT-AP University
Country
INDIA
Panel
Intellectual Property Rights
Title
Geographical Indications Protection through a TWAIL Lens: Lessons from Asia
Abstract
The concept of Geographical Indications (GIs) has become a major focus of intellectual property discourse following the TRIPS Agreement, reflecting the changing landscape of international trade and the protection of local products. This paper critically explores the international GI regime through the lens of Third World Approaches to International Law (TWAIL), focusing on its implications for indigenous communities and small-scale producers in Asia and the broader Global South. While GIs are intended to protect the unique qualities of region-specific products and promote fair competition, the existing legal framework disproportionately favours producers in the Global North. In Asia, traditional knowledge and cultural heritage are deeply embedded in products such as teas, textiles, and artisanal goods. Yet, many of these producers lack the financial and legal capacity to navigate the complex international GI frameworks dominated by market-driven norms. This paper argues that the current GI regime prioritises commercial interests over cultural rights and community-based practices. The marginalization of indigenous and local voices in GI governance structures underscores a broader issue related to legal pluralism and the unequal distribution of power in international law. Furthermore, the lack of effective benefit-sharing mechanisms increases the risk of GI being exploited without meaningful returns to the communities that have preserved and nurtured it. Drawing from TWAIL and grounded in Asian experiences, this paper calls for a reimagining of the GI framework to reflect culturally sensitive, participatory, and equitable models of protection. Such a shift would not only uphold the true spirit of the rule of law but also restore agency to communities historically excluded from mainstream legal discourses.
Biography
Dr. Krishna Nair J is an Assistant Professor of Economics at VIT-AP University, Amaravati. She completed her PhD in Economics from the Indian Institute of Technology Kharagpur. She holds an M.A. in Economics from the Central University of Rajasthan, where she graduated with First Rank and received the Gold Medal, and a B.A. in Economics from Mahatma Gandhi University, Kerala. Her research interests lie in development economics, public policy, gender, and digital inequality, with a particular focus on how public policies and household-level factors influence education, health, and welfare outcomes in India. Dr. Nair has published several peer-reviewed articles in reputed journals, including the Journal of Cleaner Production, Review of Development and Change, Indian Economic Journal, and the International Journal of Health Economics and Management. Her research has also appeared in edited volumes and international conference proceedings. She has presented her research at several national and international conferences, including those organised by the Asian Development Bank Institute, the American Society of Business and Behavioural Sciences, and the Indian Econometric Society. Her work has received recognition, including a Best Paper Award at the ASBBS Conference in Los Angeles and international travel grants for academic conferences. Her current research broadly focuses on development policy, digital inequality, gender, and public policy in India.
