Author
Asst Prof Ananthu S Hari
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. Ananthu S Hari is a Senior Grade Assistant Professor at the VIT-AP School of Law, VIT-AP University, India. He earned his Ph.D in February 2023 from the Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur, with a full scholarship from the Ministry of Human Resource Development, Government of India. His doctoral research focused on Geographical Indication protection in post-TRIPS Free Trade Agreements in Asia. He also topped his LL.M. batch at IIT Kharagpur in 2016-18, specializing in Intellectual Property Law. Dr. Ananthu’s research interests include Geographical Indications, Traditional Knowledge, Biodiversity Protection, and the intersection of IP and International Trade, along with expertise in Indian Labour Laws. He has published extensively, including the book "Geographical Indications in the Free Trade Agreements Signed by Asian Countries", published by Cambridge Scholars Publishing. He has completed advanced IPR courses from prestigious institutions such as the World Intellectual Property Organization (WIPO), Harvard University, George Washington University, the Confederation of Indian Industry (CII), the All-India Council for Technical Education (AICTE), and the Ministry of Education, Government of India. Dr. Ananthu has presented at several national and international conferences and served as an IPR session chair at the 20th ASLI Conference hosted by the National University of Singapore. He is also a member of the Asian Society of International Law (AsianSIL) and actively engages in discussions on global trade, intellectual property, and international legal frameworks.
