Analyzing Legal Regime Of YOGA And Its Economic Importance
Introduction
Yoga is believed to have originated in India around 5,000 years ago. According to yoga tradition, Adiyogi, transmitted the science of yoga to the legendary Saptrishis (seven sages). Because of the oral transmission of scriptures and the secrecy of its teachings, yoga's past is shrouded in mystery and confusion. Earlier, the literature was recorded on fragile palm leaves, that were damaged, destroyed or lost with time. While some academic experts believe it may be as old as 10,000 years.
Yoga is a comprehensive technique that includes not only breathing exercises, meditation, and physical postures (asanas) but also ethical principles of healthy living. It is a proven method that promotes self-actualization, mindfulness, and overall well-being. Now the practice of yoga has become a mass movement for wellness and good health and has gained worldwide popularity. As yoga continues to cross borders and cultures, the issue of intellectual property rights in yoga is worth exploring.
Understanding YOGA as an IPR
Patent
For patenting an idea must fulfill the criteria for patentability i.e. novelty, inventiveness and industrial applicability, yoga fails to fulfill any of them. In simple words, to receive a patent, an invention must have originality, which means that it is new and must not have been disclosed before the patent application was filed. Also, the invention must be non-obvious, which means that it is not known to a person skilled in the art. And an invention must be reproduced (mass-production) in the industry/using machines process.
In one case, Yogaglo applied for a patent that allegedly misappropriated yoga knowledge, but violated business ethics in other ways, such as being sued for filming yoga poses and then using a capture method. If this patent is granted, it could prevent other yoga studios from setting up a yoga class in the middle of the room/hall, students on the sides, and the teacher in the front.
As, Yoga postures/asanas are deeply rooted in ancient traditions and making them anticipated as open to public domain as have been practiced for centuries. Hence, there is no room for claiming novelty or originality or non-obviousness. Thus, yoga asanas cannot have patent protection in any form. However, a person can patent a product/equipment that helps you perform yoga, such as yoga mats, clothing, yoga blocks, yoga gear, etc.
Copyright
The yoga postures (asanas) are not protected by the copyright act, as it cannot be unique or new because practically every asana and teaching are known to everyone who has mastered the practice. Below are some cases in which the court made it quite clear that yoga poses or asanas are not considered “original literary works or dramatic works” under the Copyright Act and cannot, thus, be protected by copyright.
In 2015, plaintiff Open-Source Yoga Unity (OSYU) filed a suit seeking a ruling that Bikram Choudhury had no enforceable copyright or trademark rights. OSYU maintains that individual yoga poses (asanas) are in the public domain and cannot be copyrighted. A US court has ruled that a series of hot yoga poses popularized by yogi Bikram Choudhury are not copyrightable. The court ruled that other studios were allowed to teach the episode. Bikram Choudhury is the founder of Bikram Yoga. It is a form of hot yoga consisting of a fixed sequence of 26 poses practiced in a hot environment of 40 °C (104 °F). The company became successful in the United States and later throughout the Western world thanks to several celebrity disciples.
The Delhi High Court in the case of the Institute for Inner Studies (IIS) vs. Charlotte Anderson, the IIS claimed that the performance of the ‘Pranic Healing’ technique was a work of choreography and hence copyrightable under Section 13(a) of Copyright Act, 1957 as a “dramatic work”. The Court observed that the techniques of the Pranic Healing along with literary works, do not cover within the ambit of the dramatic work as provided under the provisions of the Copyright Act, 1957. The Court order that the IIS cannot claim copyright ownership over Pranic healing or any other yoga techniques per se, which is a part of traditional knowledge.
It’s pertinent to mention that, although yoga postures may not cross the threshold for creative expression and hence cannot get copyright protection. But we can still ensure copyright protection for collections of videos/blogs, books, descriptions and yoga moves, ensuring the uniqueness of their offering.
Trademark
As the word "yoga" is descriptive and generic, it cannot be trademarked. According to trademark law, a mark must be unique and distinctive. In the case of Institute for Inner Studies (IIS) v. Charlotte Anderson, the plaintiff, claimed ownership of the term "Pranic Healing" as they had been using the term for a long time, and it had acquired secondary meaning. The defendants argued that "Pranic Healing" is both a general term and a generic term. The court observed and ruled those terms like "yoga", "prana healing", "pranayama" or any other term that lacks distinctiveness and is deeply rooted in our ancient traditions cannot be trademarked.
It’s pertinent to mention that Trademark protection can be sought to protect companies’ brands connected to yoga sessions and exercises, clothes, or similar. For example, in class 41, many marks of the institutions for yoga can be found like Passion Yoga, Cool Yoga, etc. As it provides valuable opportunities for exercise brands to establish and protect their branding elements.
Geographical Indication
The protection of geographical indications or designations of origin is partially or fully covered by many international agreements. Therefore, GIs are limited to agricultural products, wines and crafts, or goods and products in general. Some developing countries want to include GI in discussion of international agreements or legislation in countries and want to propose the extension of GIs to non-goods or traditional intellectual activities.
Although the proposal to give GI to yoga is due to the desire to improve India's image in the world. But yoga does not meet the criteria that the characteristics are mostly related to the region of origin. It’s pertinent to mention that Yoga is famous for its healing benefits, but not because it originated in India. Also, according to the provisions of the Geographical Indications Act, registered owners may not allow "authorized users" to produce products outside the geographical area indicated by the indicator. This therefore leads to a decline in the practice of yoga and may threaten its survival.
Protecting Yoga from exploitation: Traditional Knowledge Digital Library
There are approximately 100+ yoga-related patents, over 150 copyrights, and 2,300+ trademarks in the United States alone. Recently, USPTO has clarified that they have approx. 168 patents have been issued for yoga related equipment or accessories like mattress etc. and there are no US patents related to yoga poses, poses or asana.
Due to the efforts of CSIR (a government agency), about 1,500 yoga asanas have been stored in a digital library of traditional knowledge that is available for prior art searching by major patent offices, allowing them to challenge anyone who tries to patent a yoga asana. Hence, it acts as a disincentive to foreign firms seeking to capitalize on India's cultural heritage. In the long run, India will benefit from the inclusion of Yoga in the Traditional Knowledge Digital Library (TKDL).
Conclusion
By navigating the IPR with awareness and strategic planning, yoga practitioners and fitness brands can secure their creative expression and brand identity in the ever-growing world of yoga by protecting years of valuable knowledge with appropriate intellectual property rights. As yoga gains global popularity, it is critical to navigate this intersection with sensitivity and respect. Br respecting the ancient origins, cultural heritage and traditional knowledge of yoga we can ensure that it will thrive as a transformative practice for generations to come.
Disclaimer: This article was first published in the S&A Law Offices - 'Intellectual Property (IP-Tech)' newsletter in June 2024.