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D.Gowthami Reddy, Partner, M/s.Pentallect Partners

COPYRIGHT VS DEFAMATION

             The recent tussle between the well-known actors Actor Dhanush and  Actor Nayanthara over the use of few seconds of  behind the scenes footage from the movie sets of the movie ‘Nanum Rowdy Thaan’ in her recent Netflix release NAYANTHARA - beyond the fairy tale, is all over the internet. While there are people voicing out in favor of both the actors, this article is only trying to explore the legal aspects involved in this issue. Firstly, Dhanush being the producer of the above mentioned cinematograph film is the rightful and 1 st owner of the copyrighted work in the absence of any agreement to the contrary. As per the Section 17 of the copyright Act, 1957. Further, Section 14 of the Act is exhaustive of the ways in which an owner of a copyright can exploit his work. Actor Nayanthara in her public letter addressed to Actor Dhanush was very derogatory in nature and was in many places a personal attack on his character and defamatory in nature. Nevertheless, in the given case
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D.Gowthami Reddy, Partner, M/s.Pentallect Partners

Yoga and Intellectual Property


The world celebrated the international yoga day on 21st of June. People honoured the day by celebrating in schools, colleges and  other institutions. In this context  I would like to mention our Honourable  Indian Prime Minister Narendra Modi's famous quote

"Yoga is India's gift to the world".

Off late, Yoga has been taken very seriously as a most recommended form of fitness regime. It’s one fitness regime that concentrates both on the human body and mind. The changes in life style have also brought with it diseases for which yoga asanas and breathing techniques are seen as an ultimate remedy; especially for Diabetes, blood pressure etc.


Now, let us move on to the connection between yoga and intellectual property. Yoga is the intellectual property of India. It is part of our ancient and traditional knowledge. Traditional knowledge is also a kind of intellectual property.  

Many a times, attempts have been made to usurp our traditional knowledge. Two scientists once filed a patent for turmeric in the US. It was the case with Neem /Go Muthra or Desi cow’s urine, Basmati rice and so much such traditional knowledge belonging to our country.  The same is the case with Yoga as well.  

Bikram Choudhry, the founder of Bikram Yoga or Hot Yoga is well- known for introducing yoga to the western world.  Bikram Yoga is a sequence of 26 Yoga asanas and 2 unique breathing techniques done in a hot room around 45C.  He had filed copyright infringement lawsuits claiming ownership over hot yoga and anyone using the asanas or propagating Hot Yoga would be infringing on his copyright. Initially, the Lower Court said that there exists a copyright of Bikram Yoga. However, in the year 2012 the US Copyright Office removed yoga asanas and sequences from protection under the copyright law. Subsequently, in the Bikram Yoga case the US Federal Court took away the copyright and stated that this yoga sequence is not a creative compilation of exercises and is therefore not copyrightable.

The Bikram yoga issue made our country realize that it’s not only our traditional medicines that are at stake but also our traditional ways. Thereafter, CSIR with the help of yoga Gurus and experts compiled nearly 900 asanas with the help of the ancient holy texts such as Mahabharata, Bhagwad Gita and Patanjali's Yoga Sutras etc., and entered them into the Traditional Knowledge Digital Library (TKDL), which is India's online repository which aims at protecting India's assortment of traditional knowledge (such as Ayurveda, Unani and Siddha systems) as its national heritage and thereby protecting from bio-piracy and un ethical  monetisation of Indian traditional knowledge.

Some online websites like ‘YogaGlo’ have filed a patent claiming a 'method and apparatus for yoga class'.

However, the popularity of yoga witnessed a rise in the popularity of yoga gurus such as Baba Ramdev, Sadguru, Sri Sri. A whole new avenue of business and intellectual creations such as yoga accessories, Yoga Apps, Yoga wear, yoga studios /schools/ institutes/ yoga retreats etc., emerged.  Multiple brands have sprouted selling yoga mats, devices, yoga pants and tea shirts, etc.   


Currently the so called “yoga Business” has reached a new high were the yoga professionals have come up with creative methodologies to monetise by grouping certain asanas and breathing techniques and giving them names such as “yoga for weight loss”, “yoga for hormonal imbalance” “power yoga” and many such. Yoga studios can further leverage the value of their brands and trademarks by licensing them. The wellness industry has reached a new high by selling yoga as a product. It has further brought in a lot of foreign investments to India.  


Many entities all over the world are holding numerous IP rights for yoga to the tune of millions.  As per the United States Patents and Trade Mark Office (USPTO) database, it has granted as many as 168 patents to yoga-related devices and accessories used in conducting exercises that include yoga mattresses, grip blocks and yoga socks, besides some devices used for doing stretching exercises. Likewise, there are about 3,700 trademarks, both registered and pending on yoga accessories which have been listed in the USPTO database.


In conclusion, there can be no patent or copyright over any yoga asanas or breathing techniques. But, a trademark is an effective IPR to monetise yoga.  

  

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