The document discusses the intellectual property protection available for yoga in India. It provides details on relevant copyright and trademark cases involving yoga sequences and styles. The key points are: 1. Yoga poses and sequences are generally not eligible for copyright protection as they are functional systems and processes, though a minimal degree of creativity may allow protection of an original expression. 2. Well-known yoga styles like Iyengar Yoga and Bikram Yoga have trademarked their names to protect their unique expressions. 3. The terms used for ancient practices like pranic healing are too generic to be trademarkable due to a lack of distinctiveness. Patents may protect novel yoga processes but not the system itself

1. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
..
By
Sinduja
Amudanathan
Protection For
Yoga Under IP laws

2. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
What is Yoga
Yoga is one of the oldest physical and spiritual exercises known
to mankind. It is collective knowledge and has been believed to
be in existence from around 2500 B.C.
According to Dr. Nevins, benefits of yoga are as follows:
1.Increased flexibility.
2.Increased muscle strength and tone.
3.Improved respiration, energy and vitality.
4.The maintenance of a balanced metabolism.
5.Weight reduction.
6.Cardio and circulatory health.
7.Improved athletic performance.
8.Protection from injury

3. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
TRADIONAL KNOWLEDGE
• Traditional knowledge (traditional knowledge), indigenous
knowledge (IK), and local knowledge generally refer to the
matured long-standing traditions and practices of certain
regional, indigenous or local communities. Traditional
knowledge also encompasses the wisdom, knowledge and
teaching of these communities. In many cases, traditional
knowledge has been orally passed from person to person for
generations. Some traditional knowledge is expressed through
stories, legends, folklores, rituals, songs and even laws. Other
forms of traditional knowledge are often expressed through
different means.

4. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
INTLECTUAL PROPERTY
• COPYRIGHT
Copyright is a legal right created by the law of a country that
grants the creator of an original work exclusive rights to its use
and distribution, usually for a limited time, with the intention of
enabling the creator (e.g. the photographer of a photograph or
the author of a book) to receive compensation for their
intellectual effort. The exclusive rights are, however, not
absolute and do not give the creator total control of their works
because they are limited by limitations and exceptions to
copyright law.

5. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
COPYRIGHT and YOGA
Many courts have generally ruled that recipes are functional and
therefore not able to be copyrighted in other words; the court
ruled that both the ingredients and the directions were not
protected by copyright, because they are a “procedure, process,
[or] system,” and copyright does not extend to those things. Just
like recipes yoga is also functional and its a procedure followed
for many decade
.

6. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Eastern Book Company v. Modak
The question of originality was raised where it was rightly said
that there should be a minimal degree of creativity to gain
protection under law”.
The concept of originality can be explained with reference to
Indian movies where there is generally a hero in love with the
heroin and a villain who fights the hero and at last the hero wins.
This is a traditional idea which is been followed for years but the
way it’s been expressed is the matter of fact involved. Therefore no
single person can claim monopoly over the idea per se and the
copyright will be limited to the expression of that particular idea.

7. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Bikram Choudhary, the founder of Bikram Yoga has filed a
copyright infringement suit against Greg Gumucio, who
is offering similar services through his brand, ‘Yoga to
the People’ [YTTP]. Bikram Yoga involves a yoga
session lasting 90 minutes. This includes 26 poses, two
breathing exercises and a scripted dialogue. All this
occurs in a room that is heated to 105 degrees
Bikram YOGA CASE

8. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Cont…
A fundamental principle of copyright law is that you
cannot gain intellectual property rights in an idea, but
you can copyright the fixed expression of that idea.
Additionally, the Federal Copyright Act specifically
states that compilations are copyrightable material.
The definition section found in 17 U.S.C. 101 defines
“compilation” as: “a work formed by the collection
and assembling of pre-existing materials or of data
that are selected, coordinated, or arranged in such a
way that the resulting work as a whole constitutes an
original work of authorship.” The fact that the poses
used in the Bikram yoga sequence have existed for
thousands of years does not make the sequence un
copyrightable.

9. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Chancellor Masters and Scholars of the University
That mandates that no copyright can be granted over content
where idea and expression are so tied together, that they cannot
be separated. Add to this the fact that Choudhary has not
formulated the yoga poses himself but only used knowledge in
public domain. His selection of 26 unique poses and their
description (with the slightest infusion of novelty) could
arguably qualify the work as a compilation. However, that would
still prevent one from copying the book, not do or teach the pose
itself. Bikram Choudhury can no longer claim to hold
a copyright to the popular 26-pose sequence thanks to a federal
court ruling, putting an end to an issue that's been debated in
the yoga community for decades.

10. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Institute of Inner Studies (IIS) v. Charlotte
Anderson,
In this case the applicant claimed copyright and trademark over
‘Pranic Healing’. The Delhi HC discussed the issues of originality and
idea-expression dichotomy in detail. The judge also relied upon the
Bikram yoga cases and on analysis came to the conclusion that
whenever copyright protection is sought on works in books and
literature describing useful art, principle, historical fact or events or
mode of performing ancient exercise or any other process for that
matter, it is only the language used that will acquire protection and
not the method or sequence described therein. Thus, in the present
case, IIS would not be allowed to monopolise on performance of
asanas or techniques of pranic healing. Further, if it to be argued that
modern pranic healing techniques are entitled to protection and that
the expression of the idea is novel, the fact remains that copyright is
granted on the basis of originality which these techniques very
obviously lack. Lastly, the court clarified that the novel processes,
methods, principles, manner of performing the art or exercise are all
the realm of the Patents and not the copyright.

11. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
TRADEMARKS -"IYENGAR YOGA" IS
TRADEMARKED IN THE U.S.
In accordance with his lifetime contribution to the art, science, and
philosophy of yoga, B.K.S. Iyengar has pursued trademark protection so
that yoga associated with his name reflects his work. As of August 14,
2007 the name "IYENGAR" associated with "YOGA" has been registered as
a trademark and is protected in the United States in connection with
teaching Iyengar yoga. Only Certified Iyengar Yoga teachers in good
standing are permitted to use "Iyengar Yoga" to describe their yoga
programs or classes.

12. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
TRADEMARKING – PRANIC HEALING
The term ‘pranic healing’, at the outset is a generic term and
lacks distinctiveness, which is one of the main criteria for
trademark registration under Section 9 of the Trademarks
Act. The court drew a prima facie inference that the claims of
registration were inconsequential as they lacked distinctive
character. Also, the court noted that the registration had been
secured by making false claims as to proprietorship which
questions the registration of the mark in the first place. It was
held that there was no case of trademark infringement as the
plaintiffs held no monopoly over the term ‘pranic healing’.

13. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Patenting Yoga
Bikram — who teaches in California — has applied for the patent
of yoga, which is essentially yoga in a steam room. Bikram came to
the US at the invitation of President Richard Nixon in 1973 and
became one of the most sought-after yoga teachers in the West as
celebrities, athletes, and others began to flock to him. Popular yoga
guru Swami Ramdev has sought intervention from the government
and yoga organisations to prevent Choudhary's move. "Yoga can't
be owned and run like a company. Since there are attempts to
patent this tradition (of yoga) in America, the Centre and yoga
organisations should take measures to prevent it," Ramdev said in
Shimla recently.

14. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Yoga and Traditional
Knowledge
Copyrights over yoga postures and trademark on yoga tools have
becoming rampant in the West. Till now, 130 yoga-related
patents granted in the USA are traced. Scientists are presently
scanning through 35 ancient Sanskrit texts, including the
Mahabharata, Bhagawad Gita and the Yoga Sutras of Patanjali to
identify and document all known yoga concepts, postures and
terminology. Till now, 600 ‘asanas’ (physical postures) have
already been documented.

15. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Traditional Knowledge Digital
Library
Before discussing the issue relating to yoga and IP, it is important to know
of the existence of TKDL and what it seeks to achieve. For the uninitiated,
TKDL is an initiative of the Indian government pursuant to the basmati
and turmeric patent disputes in the USA. There has been attempt by TKDL
to compile and consolidate information on Ayurveda, Unani, Siddha and
Yoga, in digitized format in five international languages. The objective of
the library is to protect the ancient and traditional knowledge of the
country from exploitation through bio piracy and unethical patents. This is
advantageous as it makes it easier for patent offices to find prior art
relating to any of the above processing patent applications and also, it acts
as a safeguard when persons are misappropriating traditional knowledge.
1,500 postures in yoga began in 2008, after new reports of a large number
of false gurus and yoga masters, who attempted to patent this ancient
knowledge in their own countries. For example, 131 yoga-related patents
were traced in the US alone in 2007. After an uproar in the parliament and
media, the government of India took up the issue with the USPTO. In light
of the Bikram Yoga case, (TKDL along with yoga gurus and other experts
have documented over 900 asana in order to prevent anyone from
monopolising over any yoga-related postures or asana.

16. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
ADVANTAGE OF TKDL:-
But as the number of Western yoga teachers has grown,
there has been a steady increase in patent applications
claiming each pose in their class is not part of the ancient
discipline of mind and body, but their own unique invention.
In the United States alone, there have been more than 130
yoga-related patents, 150 copyrights and 2,300 trademarks.
Now India's Traditional Knowledge Digital Library is being
made available to patents offices throughout the world so
they can establish whether the claim is a genuine innovation
or "prior art" from Indian systems of medicine. "Copyrights
over yoga postures and trademarks on yoga tools have
become rampant in the West. Till now, we have traced 130
yoga-related patents in the US. We hope to finish putting on
record at least 1500 yoga postures by the end of 2009," said
Dr V.P Gupta, of the CSIR, who created the Traditional
Knowledge Digital Library.

17. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONCLUSION
Yoga is one of the oldest physical and spiritual exercises known to
mankind. It is collective knowledge and has been believed to be in
existence from around 2500 B.C. Come to think of it, there should be
no intellectual property battle over it – it is India’s traditional
knowledge and no single entity or company should be allowed to
monopolise any yoga asana or posture in the form of a patent or
copyright, as the case may be. However, practically and legally, it
isn’t this straight forward and answers can only be sought by
analysing it.