Jeremy Page in Delhi
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For millions around the world yoga is a source of relaxation and spiritual sustenance. Not so for the Indian Government, which has worked itself into a furious twist over efforts by American entrepreneurs – including an Indian-born celebrity “yogi” – to patent the ancient practice.
Indian officials announced yesterday that they would lodge official complaints with US authorities over hundreds of yoga-related patents, copyrights and trademarks that have been issued in recent years.
The Health Ministry said that it would take up the matter directly with the United States Patent and Trademark Office, while the Commerce Ministry said that it would write to the US Trade Representative.
“How can you patent yoga – something that has been in the public domain for thousands of years?” said Verghese Samuel, joint secretary of the Ministry of Health department for yoga and other traditional practices. “It’s a ridiculous decision,” he told The Times. “We’ll have to challenge it. We’ve already started the process.”
The dispute has exposed the differing attitudes towards yoga – and intellectual property rights over “traditional knowledge” – in India and the US.
In India, where yoga has been practised for 6,000 years, it is regarded as a Hindu exercise, involving philosophy as well as fitness, and beyond the control of government or private enterprise. In the United States, where yoga first became popular in the 1970s, it has been largely stripped of its cultural and religious overtones and turned into a $3 billion-a-year subset of the fitness industry.
As yoga has moved from marginal to mainstream, US authorities have issued 150 yoga-related copyrights, 134 patents on yoga accessories and 2,315 yoga-related trademarks.
Indian authorities appear to have been particularly upset by the copyright and trademark granted to Bikram Choudhury, the founder of “Hot Yoga”, for his brand of 26 yoga poses performed in a steam room.
Mr Choudhury, who is originally from Calcutta and opened his first yoga studio in California in the 1970s, copyrighted his yoga sequence in 1978 and obtained a trademark for Bikram Yoga in 2002. In 2005 he won a legal argument with a group of yoga teachers who disputed the copyright and trademark. He argues that his sequence of poses, combined with high temperatures – they should be done at above 105F (40.5C) and 50 per cent humidity – is unique.
“The analogy to music is perfect,” John Marcoux, his lawyer, said. “He’s not claiming ownership of individual notes, but of a particular selection of notes and the arrangement of those notes.”
“If you look at the number of yoga poses in the universe and at how many sequences you can create, the numbers are astronomical,” he added. “This doesn’t hurt yoga, it helps spread it around the world.”
The 61-year-old self-proclaimed “yogi to the stars”, who has about 900 studios around the world, plans to open his first Indian outlet in Bombay.
His plans have been overshadowed by a barrage of criticism in the Indian media from government officials and yoga experts. “One cannot patent yoga. It is an Indian treasure,” said Suneel Singh, who has been teaching yoga for 25 years.
Yoga is one of thousands of traditional Indian products – including basmati rice and turmeric – that the Indian Government has been fighting to protect from Western patents in recent years.
In 2002 it set up a task force to compile a Traditional Knowledge Digital Library with details of 4,500 medicinal plants, Ayurvedic remedies and thousands of yoga postures.
The library, which draws on texts in Sanskrit, Tamil and other ancient languages, is designed to provide a body of evidence to help to fight attempts to copyright Indian traditional knowledge.
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I am sure many will agree, once the Americans get hold of something sacred, that soon become tainted and twisted. Is yoga any different? Do they have anything of their own that is sacred?.
O.P, Toronto, Canada
How can you patent a yoga pose? It's akin to patenting a 100m freestyle run or any other type of specific running style. You can't patent running. Mr. Choudhury argues that he was the first one to come up with a specific series of poses. Sounds like he's just trying to make money, and it's an insult to the entire philosophy of Yoga.
Daniel Mugaburu, New Haven, CT
The secrets of the ancient science of Yoga were passed down from the Rishis, saints and sages . Through their meditation, austerities and prayers, a treasure-chest of wisdom was bestowed upon them for the benefit of humanity.
Yoga literally means Union, it is a union of breath to the body, of the mind to the muscles, and most importantly of the self to the divine.
How can anyone patent this existing philosophy?
Shefali, Fremont, CA
I am in total agreement with the Indian Government. Yoga should not be patented by anyone, it is an Indian tradition. and as such it should be kept sacred. I practice Yoga, for what it is, spiritual enlightenement and the benefits of the asanas. " Let's keep the tradition alive and where it belongs.
I agree with Mailav Deilwala What the Americans are doing is very unethical and unprofessional .
E. COLLINS, El Paso, TX, USA
I am a beginning Yoga student. I wanted to learn Yoga to increase my flexibility and improve my health. I see no need to try some "new thing". If people would stop trying to look cool, then there would be no market for these so called "gurus" to make money off of something that should not be a business in the first place. The exact same thing has happened with Kabbala. All the marrow has been sucked out so all your left with is the bone with no spiritual nourishment. Ever learning, but never coming to the knowledge of the truth.
Sharita, League City, Texas
This is something done by people who can't invent anything new.. These are people who say that lifting the right arm instead of the left arm is his / her innovation and hence likes that to be patented sounds completely foolish..
Yoga is something practised in India for thousands of years.. Beware Indians.. If we are not aware of our rich traditions these Westerners will shamelessly patent everything and one day will say that these are their innovations and hence cannot be used by us without their permission...
Narayanan, Manchester, UK
its a fantastic opportunity to rake up some steam against uncle sam. Tell them to revoke the patents or else patents of pharmaceutical companies will be considered invalid in india.and cheap drugs produced.And bring it up publicly in an international forum. Would love to see the white house squirm over this.
Pinakin, toronto,
Copyright, trade marks and patens are three VERY DIFFERENT forms of intellectual property protection. I doubt that Mr Choudhury's IP (if any) will stop anyone doing anything. For a start, if you want to patent something, it has to be demonstrably new, and, as lamentable as standards of examination are the USPTO, even they get that right!
Ross Manning, London, UK
Kalpana,
You should read other articles by same author(Jeremy Page). You would go mad at his attitude. But I must point out that it is not Jeremy that is to be blamed. It is the whole western attitude toward rest of the world that is the problem. Jeremy is just a small part/product of it. Ever thought why the west calls developing countries as "third world", communists as "second world"...and the west ofcourse has to be the "first world". Having lived in the west for a long period of time I can attest to the fact that they have a certain bias of superiority complex. Unfortunately it also reflects on their foreign policies(nevermind countless "third worlders" that either pay with their lives of are badly affected).
Their are some exceptions, however, William Dalrymples new book about 1857 revolt is a good examples, another would be Sir Mark Tully. I personally find them very balanced, and moslty devoid of the illusions that most westeners like Mr. Page have.
Pank, Austin, USA
So American entrepreneurs make "efforts" while the Indian government "works itself into a furious twist." This sort of language encodes a bias that makes anything non-Western sound illogical and amusing. In fact, it is the American fat cats who are doing something that is both risible and immoral. What else does Jeremy Page find hilarious? The Western trade practices that keep African famers dirt- poor?
Kalpana, Southampton, Hampshire
As a practitioner of Hatha Yoga who can attest to some of the health benefits of this ancient and venerable practice (if one's time is at a premium only the 12 basic asanas, plus a few others if desired, are quite sufficient without having to run through the whole gamut of exercise to keep one in shape) I find it amusing that all that is required today is someone with a bit of the entrepreneurial spirit and the facility to spot a potential cash cow and he or she is soon on the way to earning their mega bucks! Whatever can be cannibalize or plagiarize is grist to the mill! What can be patented next?
The Tai Chi Chuan or perhaps, selected positions filched from the Kamasutra by some avid porn operator? Truly, it's not beyond the bounds of human ingenuity to think of various ways of making money. One lives by the 21st Century sacrosanct rule that nothing is sacrosanct anymore!
SD Goh, PJ, MALAYSIA
sigh...capitalists.....
Logan, London,
One way to protect the spirit of Yoga would be to come up with a new licensing scheme on lines of General Public Licence (GPL) developed by the open source software groups. This effectively forces anybody using and enhancing the available body of work to release the new body of work under the same licence.
This somehow makes sure that the spirit of public access remains sustained.
May be India government should think up such a licencing scheme and get Yoga covered under it.
suresh, Chennai,
Yoga and India are inseparable ..It is a part of our rich culture and it is horrible to think that such a thing as this is to get an US patent.It is a laughable idea this, the US patenting rights over indigenous knowledge that our ancestors gave to the world- even before Columbus discovered America.
M.G.Oviya, madurai, India
I think this is absolutely unethical and unprofessional. Americans should be restrained from doing all this again and again. The case of Basmati Rice, Turmeric and Tamarind are landmark examples for the same
What if we Indians starts patenting their age old technologies, would they ever tolerate this?
In my view Indian Govt. should take stringent steps against this recurring malafide practice by the Americans.
Malav Deliwala, Ahmedabad, India