yoga
17 January 2014Copyright

Indian court rejects Yoga claims

An Indian Court has rejected claims that performing a form of Yoga is protected by copyright, in an interim order published on January 10.

The High Court of Delhi, ruling on a case between the Institute for Inner Studies, a Philippine company, and several individual defendants who teach Pranic healing in India, also rejected claims of trademark infringement.

Pranic healing is an exercise that is supposed to heal any ailments in the body by using “energy”.

Formed in 1987, the Institute alleged that the defendants were copying the Pranic healing teachings of Master Choa Kok Sui, who claims to have invented modern Pranic healing techniques and is the company’s founder.

According to the suit, the defendants have been organising workshops, training programmes and seminars based on the Yoga practice, as well as selling books, videos and CDs incorporating the master’s Pranic healing teachings.

Judge Manmohan Singh, issuing a tentative order ahead of a full trial, said that the Institute failed to make out a prima facie case of copyright infringement – and rejected an injunction that would have stopped the defendants from teaching Pranic healing.

But Singh ruled that the Institute, which has published books and guides on Pranic healing, can prevent the defendants from reproducing similar literature, and ordered them to stop selling any such literature until the court finally rules on the case.

Sushant Singh, of Sushant Singh & Associates, explained that although dance and postures may receive copyright protection as dramatic works, the judge noted that where there are doubts about the “certainty of the subject matter and the same is not scripted, it cannot be said that the same is protectable”.

“Yoga exercises and Pranic healing techniques are not scripted and there is no certainty in the performance in such cases; they cannot be called dramatic works or performances,” he said.

“This position has significant impact in the industry in which entrepreneurs across the globe are claiming protection in Yoga techniques, which have their engrossed roots in India, and taking royalties at astronomically high prices as well as prohibiting others from performing the arts under the guise of copyright,” he added.

The decision is a step towards bringing Yoga, which is part of Indian traditional knowledge, back to the country, Singh added, although laws covering traditional knowledge are yet to be passed in India.

The Institute had also alleged trademark infringement, citing 10 trademarks that incorporate the words “Pranic Healing”.

Assessing the claims, Judge Singh said that on the date (2001) it was registered, the (first) trademark for “Pranic Healing” was not distinctive because the technique has been taught for “centuries”.

He added that the Institute had falsely claimed to own the trademark, and said that the term appears to be generic in nature.

While the decision is in line with other rulings on enforcing descriptive trademarks, the Institute may still be able to claim ownership over the trademark “Pranic Healing” provided it establishes “proprietary rights over the same by way of cogent documentary evidence and witness testimony during trial”, said C A Brijesh, partner at law firm Remfry & Sagar.

But a trial is unlikely to be completed for another three to four years at the earliest, he added.

Judge Singh said that his findings are tentative and that they have “no bearing when the matter shall be decided at the final stage after recording the evidence”.

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