Tuesday, May 08, 2007

Cornering the market on Yoga

The NYT had a nice op ed yesterday by Suketu Mehta on the contrasting attitudes to knowledge in the US and India. In the US you commodify and sell it and in India you share it.

"I GREW up watching my father stand on his head every morning. He was doing sirsasana, a yoga pose that accounts for his youthful looks well into his 60s. Now he might have to pay a royalty to an American patent holder if he teaches the secrets of his good health to others. The United States Patent and Trademark Office has issued 150 yoga-related copyrights, 134 patents on yoga accessories and 2,315 yoga trademarks. There’s big money in those pretzel twists and contortions — $3 billion a year in America alone.

It’s a mystery to most Indians that anybody can make that much money from the teaching of a knowledge that is not supposed to be bought or sold like sausages...

The Indian government is not laughing. It has set up a task force that is cataloging traditional knowledge, including ayurvedic remedies and hundreds of yoga poses, to protect them from being pirated and copyrighted by foreign hucksters. The data will be translated from ancient Sanskrit and Tamil texts, stored digitally and available in five international languages, so that patent offices in other countries can see that yoga didn’t originate in a San Francisco commune...

...the very idea of patenting knowledge is a gross violation of the tradition of yoga. In Sanskrit, “yoga” means “union.” Indians believe in a universal mind — brahman — of which we are all a part, and which ponders eternally. Everyone has access to this knowledge. There is a line in the Hindu scriptures: “Let good knowledge come to us from all sides.” There is no follow-up that adds, “And let us pay royalties for it.”

Knowledge in ancient India was protected by caste lines, not legal or economic ones. The term “intellectual property” was an oxymoron: the intellect could not be anybody’s property. You did not pay your guru in coin; you herded his cows and married his daughter, and passed on the knowledge to others when you were sufficiently steeped in it. This tradition continues today, most notably in Indian classical music, none of whose melodies have been copyrighted."

And it is not just yoga that is affected here. Apparently about 2000 patents are issued each year for drugs based on traditional Indian medicines. That alone should make us question the rhetoric currently flowing virtue of the coffers of large pharmaceutical companies criticising Brazil over the decision to bypass an AIDS drug patent.

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