Open Access Research Article
DECOLONIZING YOGA: ADDRESSING CULTURAL APPROPRIATION AND INTELLECTUAL PROPERTY ISSUES
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Article Details
DECOLONIZING YOGA: ADDRESSING CULTURAL
APPROPRIATION AND INTELLECTUAL PROPERTY ISSUES
AUTHORED BY
- MAANYA SHARMA
ABSTRACT
There exists a complex intersection
between cultural appropriation and intellectual property issues in the context
of yoga. Yoga has become a global phenomenon with millions of people practicing
it worldwide. However, its mainstream portrayal and commercialization have led
to cultural appropriation concerns. Elements of yoga, such as asanas, mantras,
and symbols, are often divorced from their spiritual and cultural context,
reducing them to mere exercise routines or fashion trends. Additionally, the
commodification and globalization of yoga have raised concerns regarding the
appropriation of cultural elements without proper understanding or respect for
their historical, social, and spiritual significance. The history of Yoga is
examined along with its transformation through colonization and how this
process has perpetuated power imbalances, eroded cultural authenticity and
marginalized the voices and contributions of indigenous cultures.
Numerous Indians, such as Bikram
Choudhary, have encountered several challenges to safeguard the intellectual
property pertaining to yoga owing to the fact that there is no specific legal
framework, which leaves room for ambiguity in cases of appropriation and
renders it difficult to establish authorship and originality. This study
addresses the intellectual property issues surrounding yoga, including
copyright, patent and trademark concerns. The author further analyzes the
challenges in protecting traditional knowledge and the potential negative
consequences of granting exclusive rights to yoga practices and techniques.
1.
INTRODUCTION AND BACKGROUND
The practice of yoga has gained
significant popularity worldwide, transcending its ancient origins in India.
Yoga is being adopted and recommended by medical professionals and celebrities
due to its numerous benefits. Patanjali, the pioneer of Yoga, defined Yoga as
the “restriction of the fluctuations of consciousness[1].”
However, with its widespread adoption and commercialization, the issue of
cultural appropriation has emerged, raising questions about the respectful
treatment and preservation of yoga's cultural heritage. The University of
Mississippi Medical Centre was granted a US Patent in 1995 for the use of
powdered turmeric (Curcuma longa)[2].
The Indian government compelled the US Patent and Trademark Office (PTO) to
cancel a disputed patent issued to US academics. The PTO withdrew the patent
after a year-long court battle arguing that turmeric, a native Indian herb, had
been used for millennia by its people for wound healing and hence lacked the
"novelty" criterion required for patenting. Turmeric has been used in
India for generations as a cure for illnesses and wounds. They got through with
the patent as no one in the USPTO was aware of this ancient knowledge, they
believed that this was actually novel and innovative. The Council of Scientific
and Industrial Research (CSIR) then requested that the patent be re-examined.
After a brief investigation and a large amount of evidence from the CSIR, the
USPTO admitted that it had made a mistake in granting a turmeric patent and
canceled it. Soon after, the United States Patent and Trademark Office granted
a patent to Ricetec Inc., for basmati rice. After these lawsuits, the CSIR
determined that it was time to take action to protect our traditional knowledge
in India. They created the Traditional Information Digital Library (TKDL), which
is essentially a digital record of our traditional and old information, such as
medicinal plants or medicinal formulations. This is a method of protecting our
traditional knowledge from unethical patents or biopiracy. As a result, this
digital archive has safeguarded our ancient knowledge about the properties of
plants or herbs such as neem or turmeric.
Yoga Asanas or Yoga Poses
cannot be copyrighted since one cannot prevent someone from using traditional
knowledge that is not now owned by anyone. However, modified graphical visual
logos or names may be utilized for copyright and trademarks. Yoga teaching
centers, for example, can easily register for copyrights and trademarks for
their yogic names in order to teach and propagate the essence of yoga.
II. CULTURAL APPROPRIATION IN YOGA
a. Defining Cultural Appropriation
Adoption, borrowing, or replication
of elements from another culture without sufficient understanding, respect, or
appreciation of its historical and cultural value is referred to as cultural
appropriation. It is often characterised by imbalances of power wherein
dominant cultures appropriate elements from marginalized cultures, resulting in
the erasure or misrepresentation of the original context.
Cultural appropriation can take many
forms, notably subject appropriation, content appropriation, and object
appropriation, however, the primary focus will be upon subject appropriation.
Subject appropriation takes place when an outsider depicts individuals or
aspects of another culture. This usually occurs when an outsider crafts a
painting, film, or any other form of art about the other culture[3].
Some contend that cultural
appropriation is beneficial because it is simply another term for historical
borrowing from or taking inspiration from other civilizations, without which
civilization would perish. However, cultural appropriation differs from the
unrestrained cross-pollination that has, for millennia, increased human
curiosity. The dynamic changes when a dominant culture adopts something from another
culture without fully considering the context, showing reverence for the source
culture, or even just acknowledging it[4].
b. Yoga and Cultural Appropriation
Yoga is an ancient spiritual practice
of self-realization that originated in India, but it was perceived as
threatening, ridiculed, and was banned among its own people in its own land
during British colonisation, which began in the 1700s and lasted until the
mid-1900s. Today, yoga is frequently sold to elite Westerners, with Indians
being sparingly represented, if at all. While this multibillion-dollar industry
provides much needed well-being for Western practitioners, it perpetuates the
same offence against India and Indians: invisibility and
misrepresentation.
The British colonisers as well as the
Indians rejected Hatha Yoga and opposed its teaching among the Hindu populace.
Instead of viewing Yoga as a spiritual practise, they sexualized it, believing
the asanas to be grotesque and vulgar connected with black magic, destitution,
and peculiar austerities[5].
Yoga was misinterpreted as an expression of Tantric spiritualism and was
regarded as a byproduct of the Dark Ages[6].
Yoga was dismissed as an illogical, irrational, and imaginative form of healing
and spirituality. Since the Westerners failed to trust in the contemplative
qualities of Yogis, the practice of Yoga was banned in India.
Yoga was re-introduced to foreigners
in 1893 when Swami Vivekananda gave his infamous speech at the Parliament of
Religions in Chicago. He emphasized the value of Indian traditions and
ceremonies during his speech. While the West had traditionally been wary of
accepting Eastern spiritual practises as authentic, Vivekananda's speech
quickly garnered him American admiration[7].
Yoga is currently becoming increasingly prevalent in Western countries, with
most countries creating their own subset of Yoga practise. Many international
visitors are drawn to India's spiritual side and abandon their materialistic
world to live a simple life here.
c. Manifestations of Yoga cultural appropriation
Yoga has been watered down in the
Anglo-world. Many noticeable things, such as the misuse of language, stripping
the practice of its holistic nature, not using the correct terms, failing to
highlight the Indian roots, and so on. In other words, we are witnessing the
whitewashing of yoga, often known as cultural appropriation. Yoga postures,
mantras, and symbols are frequently separated from their spiritual and cultural
contexts, reducing them to mere fitness routines or fashion trends. Superficial
commodification of Yoga has become a common sight using yoga-related products
such as apparel, accessories, and equipment frequently including spiritual
symbols and images without recognising their cultural meaning, transforming
them into fashionable consumer commodities.
A quoting a line by David
Gordon White that "Every group in every age has created its own version
and vision of yoga[8]."
According to White, this has been made feasible since the notion is so
versatile. Arundhati Baitmangalkar, in Yoga International[9],
describes the misuse of the word Yogi, Namaste, use of sacred symbols such as
Om, the commodification of Yoga, and so on as cultural appropriation. She also
gives an example of how deities and sacred symbols revered in India are always
put on a pedestal. They are never placed on the ground and are usually
accompanied by some kind of altar. The altar is typically a sacred site, rather
than an ordinary or random area in the home. Many Western yoga studios attempt
to imitate the East by installing idols of Buddha, Ganesha, Patanjali, Shiva,
and so on without consideration for how and where they are put. It will most
likely be considered as disrespectful by Indians.
In her book, The Yoga Manifesto[10],
published in 2022, British yoga instructor Nadia Gilani claims that modern yoga
as practise has gone astray. She offers a plan of action on how we can work
together to restore yoga and preserve its roots in ways that will benefit
everyone[11].
The commercialization and
commodification of yoga have led to concerns regarding the respectful treatment
of yoga's cultural heritage and the preservation of its integrity. The
subsequent section examines the challenges involved in preserving traditional
knowledge within the framework of intellectual property law.
III. IMPACT AND IMPLICATIONS OF CULTURAL APPROPRIATION
Appropriation can result in the
exploitation of cultural practices and knowledge without proper acknowledgment
or compensation to the originating culture. The impact and implications of
cultural appropriation depend on the specific context, intentions, and power
dynamics involved.
a.
Disregard for Cultural Heritage and
Authenticity
Cultural appropriation of yoga can
result in the erasure of its cultural heritage and the distortion of its
authentic practices. This erasure diminishes the contributions of Indian
culture and perpetuates a shallow understanding of yoga as a physical exercise
divorced from its spiritual and philosophical foundations.
b.
Misrepresentation and
Commercialization
The misrepresentation and commercialization
of yoga can perpetuate stereotypes, exoticism, and commodification, which
undermine the practice's essence and its potential for personal and spiritual
growth. This appropriation also marginalizes and excludes the voices and
contributions of Indian yoga practitioners and scholars.
c.
Marginalization of Yoga
Practitioners
Cultural appropriation can
marginalize and disempower yoga practitioners from the culture of origin. When
yoga is misappropriated and commercialized without proper acknowledgment or
compensation, it can reinforce power imbalances and perpetuate cultural theft,
limiting opportunities for Indian yoga teachers and communities.
IV. INTELLECTUAL PROPERTY AND YOGA
Yoga as a kind of Intellectual
Property has ushered in a new era of dispute between India and the rest of the
globe. The question of whether a sequence of movements such as yoga poses be
copyrighted or patented has been discussed in courts around the world.
The Higher Regional Court of Cologne,
Germany, determined on February 2, 2007, that an acrobatic dance performance
might be regarded[12]
as a "work of dance art" susceptible to copyright protection under
the German Copyright Act[13].
However, the required level of uniqueness could only be met if the performance
transcended beyond a series of physical actions and delivered a specific
aesthetic meaning. It is unclear if this ruling may be applied to yoga and
exercise routines by analogy, but basic routines are unlikely to constitute
"personal intellectual creations[14]"
under the German Copyright Act.
Additionally, the United States
Copyright Office's assertion that "a selection, coordination, or
arrangement of functional physical movements such as sports movements,
exercises, and other ordinary motor activities" did not constitute the kind
of authorship intended to be protected as choreographic works under the US
Copyright Act in a Statement of Policy dated June 18, 2012. On the other hand,
a "composition and arrangement of a related series of dance movements and
patterns organised into an integrated, coherent, and expressive whole" may
qualify as original choreographic originality[15].
Therefore, even though simple poses might not qualify the level of originality
needed for copyrights in most jurisdictions, a composition or compilation may be
qualified for the same.
a.
Copyrights and Yoga
When it comes to intellectual
property like copyright, whether something is copyrightable or not is
subjective to the laws of the particular country. Bikram Choudhury is the
inventor of Bikram Yoga, a style of hot Yoga that consists of a series of 26
postures practiced in a 40-degree Celsius environment. With a roster of
celebrity students, the firm rose to prominence in the United States and,
eventually, throughout the Western world. In an attempt to preserve the Bikram
Yoga series of postures, he filed a series of copyright claims against
Evolation Yoga in Florida in 2009[16].
The Lower Court sided with him. His claim that Hot Yoga or Bikram Yoga is his
property and that anyone using the asanas or propagating Hot Yoga would be
violating his copyright was made in more than three lawsuits in 2011. The US
Federal Court ultimately ruled that Bikram Choudhary's yoga routine is not a
creative compilation and is therefore not copyrightable. Thereafter, other
facilities continued to teach the series. It wasn't until this case that the
CSIR realized that our traditional medicines, as well as our traditional
knowledge and practices were in jeopardy. Over 900 asanas were recorded and
added to the digital library by gurus and specialists in the field of yoga.
In India, the discussion of whether
or not yoga asanas and pranic healing could get a trademark or copyright
protection was held in the case of Institute for Inner Studies v. Charlotte
Anderson[17]. IIS
claimed that its rendition of the 'Pranic Healing' technique was a work of
choreography and hence copyrightable as a "dramatic work" under
Section 13(a) of the Copyright Act, 1957. After a thorough examination, the
Court concluded that the techniques of Pranic Healing, along with literary
works, do not fall within the scope of dramatic work as defined by the
provisions of the Copyright Act, 1957, and that IIS cannot claim copyright
ownership over Pranic Healing or any other yoga techniques per se, which have
been part of traditional knowledge since the time of Maharishi Patanjali. The
Court referred to Section 2(h) of the Copyright Act, which defines
"dramatic work," and cited the Bikram Yoga case as an example.
Yoga Asanas or Yoga Poses cannot be
copyrighted since one cannot prevent someone from using traditional knowledge
that is not owned by anyone currently. However, modified graphical visual logos
or names may be utilised for copyright and trademarks. Yoga teaching centres
and institutes, for example, can file for copyrights and trademarks for their
yogic names in order to educate and propagate the essence of yoga.
The case of Feist Publications Inc v.
Rural Telephone Service Co[18]
concluded that although individual facts are not protected by copyrights, the
compilation of such knowledge may be protected by copyright. The copyright
protection of these asanas, which are based on traditional knowledge and hence
fall under the public domain, has nevertheless been gained in the form of
instructional books, accessories, equipment, and audio-visual recordings due to
legal loopholes and inconsistencies in the language. Since no ownership of the
specific asana is asserted and it is only instructional or instructive in nature,
these do not infringe upon or violate any copyright.
b.
Trademarks and Yoga
The majority of yoga asanas have also
been recorded by the CSIR in the Traditional Knowledge Digital Library,
allowing them to submit an opposition against anyone attempting to patent a
yoga asana even in the pre-grant stage[19].
Since the term "yoga" is
descriptive and generic, it cannot be trademarked. A mark must be unique and
distinctive in order to be protected under trademark law. In the Institute for
Inner Studies case, the plaintiff claimed ownership of the word "Pranic
Healing" and claimed that it had acquired a secondary connotation as a
result of their long-standing usage of the term. The defendants claimed that
the phrase "Pranic Healing" is both generic and in the public domain.
These two reasons were used, respectively, to deny the plaintiff's Trademark
claim and to argue that they were of secondary importance. The IIS also
committed "fraud upon the register," according to the court, by
applying for a trademark on a generic word with no distinctiveness. As a result
of the Court's judgement, phrases like 'yoga,' 'pranic healing,' 'pranayama,'
or any other term with no distinctiveness and roots deep in our ancient
traditions cannot be simply trademarked.
c.
Patents
Any new idea, innovation, or even
development in an already existing technology can only be given a patent if it
meets the criteria of novelty or originality, inventiveness, and industrial
applicability. A yoga pose would not meet even one of the aforementioned requirements
if someone tried to patent it. Since yoga poses have been practiced for a very
long period of time and are supported by a wealth of written and other
materials, they cannot be considered novel or revolutionary. The Indian Patents
Act, 1970 makes it explicitly clear that traditional knowledge and skills, as
well as any therapeutic or curative procedure, cannot be protected by a
patent.
The yogic scriptures, classical
medical teachings, and many other pieces of evidence are documented. In the CSIR's
Traditional Knowledge Digital Library[20],
the majority of yoga asanas are well-recorded and documented. This has made it
possible for the CSIR and other relevant government agencies to dispute and
oppose anyone attempting to patent a yoga asana both during the application
process and before the patent is actually granted. Even if a yogi makes the
absurd claim that they have created a new yoga asana, a new method for
performing an existing yoga asana, or a modification for doing an existing yoga
asana, it would be very simple to refute such a claim because there isn't any
new method left for performing a yoga asana or any purported new asana that
isn't clearly defined and taught in the ancient yogic scriptures.
However, organizations and businesses
involved in yoga classes, exercises, clothing, and associated activities may
seek trademark protection. For instance, class 41 contains several marks from
yoga-related organizations like Passion Yoga, Cool Yoga, etc.
d.
Geographical indication
A geographical indication (GI) is a
label applied to goods with a particular geographic origin and characteristics
or a reputation derived from that origin. An indication that a product
originates in a certain location is necessary for a sign to be considered a GI.
Additionally, the origin of the product should largely account for its traits,
attributes, or reputation.
Only items or products are protected
with geographic indications under treaty-based GI systems, national laws, and
regional regulations. Furthermore, the origin of these commodities must be
primarily responsible for their quality and other attributes. At the outset,
none of these systems have ever understood the terms "goods" or
"products" to include what may be referred to as "exercise"
or "activity," such as yoga.
The requirement that characteristics
be primarily tied to the region of origin is not met by yoga. Though yoga did
not originate in India, it is renowned for its therapeutic properties.
Therefore, there is a very slim possibility that Yoga will be given a GI. Even
if this unlikely scenario comes to pass, there are a number of issues that need
to be resolved in order to comprehend the ramifications of such a contribution.
According to the GI Act, registered
proprietors are prohibited from allowing "authorised users" to
produce goods outside of the region denoted by the indicator. Therefore, it is
impossible legally to require permission to do yoga outside of India because
doing so would violate GI law's core principles of separating the GI subject
from the site.
V.
Solutions and ethical practices
The author would like to recommend a
few approaches to stop cultural appropriation since the intellectual property
rights are not sufficiently reliable in the domain of yoga.
a.
Raising Awareness and Cultural
Sensitivity
Raising awareness about cultural
appropriation and fostering cultural sensitivity is crucial in addressing the
issues surrounding yoga. Education and dialogue can help practitioners and
enthusiasts understand the historical and cultural context of yoga, promoting
respectful engagement and reducing the risk of misappropriation.
b.
Encouraging Collaboration and
Dialogue
Encouraging collaboration between
yoga practitioners and Indian communities can create opportunities for mutual learning
and respect. By involving Indian scholars, practitioners, and organizations in
the global yoga community, a more inclusive and authentic representation of
yoga can be achieved.
c.
Strengthening Intellectual Property
Protection
Efforts should be made to
strengthen intellectual property protection for yoga, considering alternative
frameworks that respect the communal and traditional nature of its knowledge.
Developing guidelines for the fair use of yoga-related symbols, terminology,
and practices can promote cultural integrity while allowing for responsible
innovation and creativity.
d.
Empowering Yoga Communities
Empowering Indian yoga
communities through support and recognition is essential. Creating platforms
for Indian yoga teachers, scholars, and practitioners to share their knowledge,
perspectives, and experiences can help reclaim and preserve the integrity of
yoga within its cultural context.
VI.
CONCLUSION
As many have stated, India gave the
world yoga as a gift. It is something that has been so deeply ingrained in us
that it somehow permeates practically every aspect of our daily existence. Many
people have overcome physical and mental disorders because to it. India has
never taken any action to prevent other nations from practicing it because it
is something that can be advantageous to everyone. Since the beginning of time,
it has always been shared and taught to everyone in order for the entire world
to gain from it. India has just recently come to the realization that this
exquisite aspect of our tradition needs to be preserved. No nation or
individual is being prevented by India from practicing yoga or reaping its
advantages. India protects yoga as a type of traditional knowledge and forbids
its exploitation for financial benefit. The basic core of yoga, that anyone can
learn and practice it, is being preserved in India.
The complex intersection between
cultural appropriation and intellectual property issues in the context of yoga
raises important questions about the commodification and commercialization of
cultural practices. Cultural appropriation refers to the adoption or borrowing
of elements from one culture by individuals or groups from another culture,
often without understanding or respecting the cultural significance or context.
In the case of yoga, which has its
roots in ancient Indian traditions and philosophies, the practice has spread
globally and undergone significant adaptations. This widespread adoption has
led to concerns about cultural appropriation, as aspects of yoga are often
divorced from their original cultural and spiritual contexts and repackaged as
consumer products or fitness trends.
On the other hand, intellectual
property issues come into play when considering the legal protection of
specific yoga poses, sequences, or styles. Intellectual property rights, such
as patents, copyrights, or trademarks, grant legal ownership and control over
certain intellectual creations. Intellectual property rights recognize and
acknowledge the original creators and custodians of various yoga traditions,
styles, and teachings. Many yoga practices have been passed down through
generations within specific lineages, and honoring their intellectual
contributions is a way to preserve their cultural heritage. Furthermore,
intellectual property protection allows for fair economic opportunities for
yoga professionals. By safeguarding their intellectual creations, such as
specific sequences, instructional materials, or therapeutic applications, yoga
teachers and entrepreneurs can license or sell their works, which encourages
creativity and entrepreneurship within the yoga community. Excessive
restrictions on intellectual property can hinder the free exchange of ideas and
limit the growth and evolution of yoga. While protecting intellectual property,
it is equally important to ensure that the essence of yoga remains accessible
to all and continues to serve as a transformative practice for the well-being
of humanity.
The intersection between cultural
appropriation and intellectual property issues can be complex and contentious.
While granting intellectual property rights, the following should be taken into
consideration:
a)
Cultural
Ownership: Yoga has a rich cultural history and is deeply intertwined with
Indian spirituality and philosophy. Critics argue that commercialization and
appropriation of yoga commodify and dilute its original cultural essence.
Intellectual property claims by individuals or organizations outside of the
original cultural context can be seen as reinforcing power imbalances and perpetuating
cultural exploitation.
b)
Accessibility
and Inclusivity: Intellectual property restrictions can limit the accessibility
and inclusivity of yoga. If certain sequences or teachings are copyrighted or
patented, it may hinder the ability of individuals, particularly from
marginalized communities, to freely access and practice yoga. This raises
concerns about the equitable distribution of knowledge and the cultural
heritage of yoga.
c)
Innovation
and Evolution: While cultural appropriation can be problematic, it is also
important to acknowledge that cultures are not static and have always borrowed
and influenced each other over time. Yoga has undergone various adaptations and
transformations throughout history. Intellectual property protection can spur
innovation and the development of new yoga practices. However, excessive
restrictions may stifle creativity and hinder the evolution of yoga as a living
tradition.
d)
Balancing
Respect and Integrity: It is crucial to strike a balance between honoring the
cultural origins of yoga and allowing for cultural exchange and dialogue.
Respecting the roots and traditions of yoga, acknowledging the contributions of
Indian culture, and giving credit to the original sources can help foster a
more ethical and responsible approach to its practice and dissemination.
It is important to recognize that
this research paper has offered an examination and analysis of the topic, but
the complexities of cultural appropriation and intellectual property in yoga
extend beyond the scope of this study. Further research, dialogue, and
collaboration among stakeholders, including yoga practitioners, scholars,
policymakers, and traditional knowledge holders, are crucial in developing
holistic solutions that balance the preservation of cultural heritage with the
evolving nature of yoga in a global context. By engaging in thoughtful
discussions and implementing ethical and culturally sensitive practices, it is
possible to navigate the challenges posed by cultural appropriation and
intellectual property issues in the world of yoga, thereby fostering a more
inclusive, respectful, and sustainable future for this ancient practice.
[1] Michelle Goldberg, Iyengar and the Invention of Yoga, The
New Yorker, 9th July 2023, 2:30PM, https://www.newyorker.com/business/currency/iyengar-invention-yoga
[2] Anusree Bhowmick, Smaranika Deb
Roy and Mitu De, A brief review on the
turmeric patent case with its implications on the documentation on the
documentation of traditional knowledge, NDC E-BIOS, Volume 1, pp 83-88
(2021)
[3] Young, James O., “Profound Offense and Cultural Appropriation”,
The Journal of Aesthetics and Art
Criticism, vol. 63, no. 2, 2005, pp. 135–46. JSTOR, http://www.jstor.org/stable/3700467,
Accessed 11 July 2023.
[4]Arundhati Baitmangalkar, How We Can Work Together to Avoid Cultural
Appropriation in Yoga, Yoga International, (Last accessed 15th July 2023,
2:30PM), https://yogainternational.com/article/view/how-we-can-work-together-to-avoid-cultural-appropriation-in-yoga/
[5] Amara Miller, The Origins of Yoga: Part III, Amara Miller Blog, (Last Accessed
13th July 2023, 12:00PM),
https://amaramillerblog.wordpress.com/2014/05/29/the-origins-of-yoga-part-iii
[6] Prerana Thakur, When Yoga was Banned in India, Pratha
Cultural School, (Last Accessed 12th July 2023, 6:19PM),
https://www.prathaculturalschool.com/post/yoga-ban-in-india
[7] Adrija Roychowdhury, How
Swami Vivekananda helped popularise yoga in the West, THE INDIAN EXPRESS, June 21, 2023 16:33 IST, https://indianexpress.com
[8] Andrea Jain, Selling Yoga: from Counterculture to Pop Culture, Oxford University
Press. pp. 131, 142–157. ISBN 978-0-19-939024-3.
[9] Arundhati Baitmangalkar, How We Can Work Together to Avoid Cultural
Appropriation in Yoga, Yoga
International, (Last accessed 15th July 2023, 2:30PM),
https://yogainternational.com/article/view/how-we-can-work-together-to-avoid-cultural-appropriation-in-yoga/
[10] Nadia Gilani, “Yoga isn't a workout, it's an instigator of
social change . . . and here's why it's lost its way in the West” , Pan
Macmillan, (15th July 2023. 5:30PM), https://www.panmacmillan.com/blogs/lifestyle-wellbeing/why-yoga-isnt-a-workout-the-problems-with-yoga-in-the-west
[11] Ibid
[12] Urteil vom 02.02.2007 - 6 U 117/06
[13] Gesetz über Urheberrecht und
verwandte Schutzrechte,Sec. 2, para. 1, No. 3.
[14] Gesetz über Urheberrecht und
verwandte Schutzrechte, Sec. 2, para. 2
[15] Benjamin Beck, Konstantin von
Werder, The Copyrightability of Yoga Poses, Dance Moves and Exercise Routines, All About IP, (Last accessed 10th July 2023, 8:30PM),
https://www.allaboutipblog.com/2017/02/the-copyrightability-of-yoga-poses-dance-moves-and-exercise-routines/
[16] Ibid
[17] Institute for Inner Studies v.
Charlotte Anderson , CS(OS) 2252/2011 & I.A. No.14617/2011
[18] Feist Publications Inc v. Rural
Telephone Service Co , 499 U.S. 340, 111 S. Ct. 1282, 113 L. Ed. 2d 358,1991
U.S.
[19] Yoga And Intellectual Property, Intepat, ( Last Accessed 9th July 2023,
4:28PM) https://www.intepat.com/blog/yoga-intellectual-property/
[20] Traditional Knowledge Digital
Library (TKDL), Council of Scientific and Industrial Research, Ministry of
Science and Technology, Govt of India.
Article Information
DECOLONIZING YOGA: ADDRESSING CULTURAL APPROPRIATION AND INTELLECTUAL PROPERTY ISSUES
Authors: MAANYA SHARMA
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/09/07
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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