Introduction
In today’s fast-paced, globalized world, many people are familiar with the flourishing health and fitness industry, but few recognize the deep roots of these practices. Many contemporary exercises and training methods draw inspiration from the ancient practice of Yoga, whose origins can be traced back to various ancient texts. This transformative practice is not just a fitness regime; it embodies a wealth of knowledge that has shaped wellness for centuries.
As Yoga has evolved into a multi-billion-dollar industry, it attracts individuals worldwide seeking physical fitness and a profound connection with their inner selves. This growing interest has given rise to a new niche in the tourism sector—Yoga Tourism—which blends travel with spiritual exploration and self-discovery.
Traditional Knowledge and Indigenous Knowledge in Intellectual Property: Protecting Collective Heritage
Traditional Knowledge (TK) and Indigenous Knowledge (IK) represent centuries of wisdom passed down through generations, often rooted in the cultural and spiritual practices of indigenous communities. These knowledge systems include agricultural methods, medicinal practices, and even artistic expressions that have evolved over time. In the realm of Intellectual Property Rights (IPR), protecting this knowledge is crucial because it helps prevent the exploitation or misappropriation of cultural practices by those seeking commercial gain.
This protection is vital because, unlike modern inventions or creations, TK and IK are often collectively owned and cannot be traced to a single inventor. Without proper safeguards, there is a risk of corporations or individuals appropriating these community assets without recognition or benefit-sharing. As cases like the turmeric patent have shown, ensuring that TK and IK are acknowledged and protected within IPR systems is a key to preserving cultural heritage and promoting equitable innovation.
The Need for Protecting Traditional Knowledge
In the face of rampant capitalism, it’s essential to safeguard Traditional Knowledge and Indigenous Knowledge from exploitation. Traditional Knowledge encompasses the wisdom, innovations, and practices developed by indigenous and local communities over generations, often passed down orally or through cultural customs.
The link between Yoga and these knowledge systems highlights the importance of protecting them under Intellectual Property Rights (IPR). As Yoga continues to grow in popularity, it becomes increasingly vital to ensure that its origins and practices are recognized and preserved. Notably, yoga poses and techniques are part of the shared heritage of many cultures and cannot be monopolized by any individual or organization.
The Case of Bikram Yoga
A pivotal case in this discussion is Bikram’s Yoga College of India, L.P. v. Evolation Yoga, LLC (2012). In this case, Bikram Choudhury, the founder of Bikram Yoga, argued that his sequence of 26 Yoga Asanas and breathing exercises performed in a 104-degree room for 90 minutes was a unique and original work deserving copyright protection as a choreographic work. However, the U.S. Court of Appeals for the 9th Circuit ruled against this claim, stating that sequences of poses are not copyrightable subject matter because they represent an idea, process, or system designed to improve health, not an expression of an idea. This ruling reinforces the notion that Yoga poses, being part of the collective heritage, cannot be monopolized or protected through copyright, trademark, or patents.
The Turmeric Patent Case: A Win for Protecting Traditional Knowledge
The turmeric patent case is a prime example of why safeguarding Traditional Knowledge (TK) is so important. In August 2013, India successfully challenged a patent granted by the U.S. Patent and Trademark Office (PTO) to researchers at the University of Mississippi Medical Center. The patent covered the use of powdered turmeric (Curcuma longa) for wound healing—a practice deeply embedded in Indian culture for centuries. India’s Council of Scientific and Industrial Research (CSIR) argued that turmeric’s medicinal use was far from novel, as it had been part of traditional Indian remedies for generations, making it ineligible for patent protection.
CSIR’s victory not only protected a piece of India’s cultural heritage but also sent a powerful message: Traditional Knowledge, such as the healing properties of turmeric, belongs to the collective community that has nurtured and preserved it, not to individuals or corporations seeking to monopolize it. This case highlights the global importance of recognizing and documenting Traditional Knowledge, ensuring that it remains within the hands of the communities to whom it truly belongs.
The Rise of Medical Tourism: Wellness as a Travel Motivator
Tourism has transformed dramatically in the past decade, contributing nearly 10% to the world’s GDP. Nations are increasingly recognizing tourism as a vital economic driver. Thanks to advancements in transportation, the number of international travellers has surged, nearly doubling in the last 20 years.
People travel for various reasons, with the medical and wellness sectors playing a significant role in this trend. According to Goodrich & Goodrich (1987), medical tourism aims to attract visitors by promoting healthcare services alongside standard tourist offerings. Individuals often cross borders for medical treatment, whether due to the unavailability of certain healthcare options or to access alternative therapies like Yoga, Ayurveda, and acupressure that might be prohibitively expensive elsewhere.
On December 11, 2014, the United Nations General Assembly officially declared June 21 as International Yoga Day. This recognition provides an incredible opportunity for the Indian government to elevate the significance of this day while promoting Yoga tourism through initiatives like the “Incredible India” campaign. Highlighting popular yoga destinations can foster tourism development and create employment opportunities in individual states.
Traditional Knowledge and Indigenous Knowledge in India: The Yoga Connection
Much of our current understanding stems from knowledge passed down through generations. Traditional Knowledge and Indigenous Knowledge encompass bodies of information, skills, and practices developed over time by our ancestors. While Traditional Knowledge refers to any long-standing body of knowledge, Indigenous Knowledge specifically pertains to practices unique to particular indigenous communities.
In its broadest sense, Traditional Knowledge includes cultural expressions, distinctive signs, and symbols, while a narrower definition focuses on the intellectual activities and innovations within a traditional context. This knowledge spans diverse fields, including agriculture, science, technology, ecology, and medicine.
Countries have established laws surrounding Intellectual Property that respect and protect Indigenous and Traditional Knowledge. The World Intellectual Property Organization (WIPO) mandates that all its member nations honour and safeguard the Traditional Knowledge and Indigenous Knowledge of communities whenever possible. This is crucial for preserving the integrity of practices like Yoga, ensuring that the contributions of indigenous communities are acknowledged and protected.
Yoga has been practiced for centuries, handed down through scriptures and customary practices. As the birthplace of Yoga, India plays a pivotal role in preserving this invaluable knowledge, making it essential to protect its integrity from exploitation. Safeguarding Yoga under IPR ensures that the benefits derived from this ancient wisdom return to the communities that nurtured it.
The intersection of Yoga, Traditional Knowledge, and Indigenous Knowledge underscores the critical need for recognition and protection. The Traditional Knowledge Digital Library (TKDL), launched in India in 2001, is a notable initiative in this regard. This project, a collaboration between the Council of Scientific and Industrial Research (CSIR), the Ministry of Science and Technology, and the Department of Ayurveda, Yoga, and Naturopathy, Unani, Siddha, and Homeopathy (AYUSH), aims to preserve and promote the knowledge of Yoga and various Ayurvedic practices through a multidisciplinary approach.
Conclusion
As Yoga continues to grow in popularity, the responsibility to protect its roots and the traditional wisdom it embodies falls upon all of us. By recognizing and safeguarding Traditional Knowledge and Indigenous Knowledge under Intellectual Property Rights, we can ensure that the ancient practices of Yoga thrive while providing benefits to the communities that have nurtured them for generations. Yoga tourism, when aligned with these principles, can serve as a powerful platform for promoting cultural heritage, economic development, and spiritual well-being.
Written by Debapom, an assessment intern at Intepat IP.
