Indian Journal of Legal Research & Advancements Volume 1 Issue 1 October, 2020

Geographical Indication of & Protecting Traditional Knowledge

Divya Shikhar Srivastava & Sarthak Punetha*

Abstract

Geographical Indication is a form of intellectual property (IP) which has come into limelight of policymakers, economists and trade analysts from more and more nations after the adoption of the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement) in 1994. The surge in the number of GI claims recently have proved that countries all around the globe have realized the unmatched potential and added value which it brings, in addition to pride, honor and recognition, for the country. Importance of GI cannot be overlooked and it has become a topic of heated discussion in also. Be it Kashmir’s Pashmina, Darjeeling’s tea, Banarasi saree or Goa’s Feni, all of them have added significant value to India’s tourism, economy and reputation. Most recently, India has seen a GI controversy between two of its states for the GI tag over Rasogulla, an Indian sweet-dish. Be that as it may, through this paper, authors seek to present a case in favor of Yoga’s “Indian-ness” by connecting Yoga to Indian origins. In the present era, where products that have a specific geographical origin and possess distinct qualities or reputation, can boost the economy of a country many folds, claiming GI over Yoga could be the India’s ace in the hole. Through past knowledge and current studies, the authors in the present paper have analyzed how India can claim GI over Yoga and how will it help India to seal its position as a leading soft power nation in the global scenario vis a vis revitalizing the Indian economy.

* The authors are students at Gujarat National Law University Indian Journal of Legal Research & Advancements Volume 1 Issue 1 October, 2020

Introduction

Geographical Indication came into the limelight after the adoption of the Agreement on Trade- Related Aspects of Intellectual Property Rights (the TRIPS Agreement) in 1994. It was after a dedicated GI section in TRIPS Agreement that it captured the interest of economists, policymakers and trade negotiators, and reached nations all around the globe rather than restricting to list of countries which traditionally pursued active GI policies.

GI has been evolving in the international arena from the 19th century. Traditionally, GI was considered to be IP. Terms such as “indications of source” and “appellations of origin” were referred to as objects related to industrial property under Article 1 (2) of the Paris Convention for the Protection of Industrial Property of 1883 (Paris Convention). This article of Paris Convention also defines that the term “industrial property” is not restricted to “industry and commerce” but it also expands to industries, agriculture and to natural & manufactured products, such as “fruits, minerals, beer, wines and flowers”.

The Paris Convention introduced the terms “indications of sources” and “appellations of origins” which pushed the envelope of IP forward and at the same time conserved its most ancient form. Products having geographical recognition go back to period as ancient as 5th century such a wine from Chios, a Greek island which was considered a high priced commodity in classical Greece.

After the Paris Convention, Geographical Indications came into mainstream and saw numerous efforts for elevating the level of multilateral protection indications of source and appellations of origin. This led to the adoption of the Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods of 1891, and the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration of 1958 (Lisbon Agreement), and to the inclusion, in the TRIPS Agreement, of a special section on GIs.†

What is a GI?

A geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. Since the qualities depend on the

† WIPO, https://www.wipo.int/edocs/pubdocs/en/geographical/952/wipo_pub_952.pdf (last accessed February 23th, 2020). Indian Journal of Legal Research & Advancements Volume 1 Issue 1 October, 2020 geographical place of production, there is a clear link between the product and its original place of production.‡

Article 22.1 of the TRIPS Agreement defines geographical indications as:

“…indications which identify a good as originating in the territory of a Member [of the World Trade Organization], or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin.”

Some famous examples of GI all over the world are “Darjeeling”, “Scotch”, “Cognac”, “Havana”, and products associated with these names are of certainnature and quality, and of certain geographical origin, which is protected by giving GIs. GIs act as unmatched assets for such places and create additional value for such products.

Prominent example of GI: Swiss Watches

Watches manufactured in Switzerland according to the quality criteria, tradition and technical knowhow of Swiss watchmaking, have the appellation “Swiss” affixed with them. Swiss watches enjoy a great reputation all over the globe.

There existed a Federal Council Ordinance of December 23, 1971 for the regulation of the use of “SWISS” appellation for watches. Later, at the request of the industry, the ordinance was revised on June 17, 2016. According to the Federation of the Swiss Watch Industry, the intention is to “guarantee satisfaction of the consumer who, when buying a Swiss made watch, expect it to correspond to the quality and the reputation of Swiss watchmaking tradition and therefore to be manufactured in Switzerland and to incorporate a high added value of Swiss origin.”§

Currently, to be marked Swiss made, a watch has to meet certain requirements, such as the casing-up and final inspection has to be carried in Switzerland, the movement of the watch i.e. motor is made in Switzerland and at least 60% of the manufacturing cost are generated in Switzerland. Further, the components of Swiss manufacture shall account for at least 50% of the total value, excluding the cost of assembly.

‡ WIPO, https://www.wipo.int/geo_indications/en/ (last accessed February 23th, 2020). §FEDERATION OF SWISS WATCH INDUSTRIES, https://www.fhs.swiss/eng/strengthening.html (last accessed Feb 24, 2020). Indian Journal of Legal Research & Advancements Volume 1 Issue 1 October, 2020

How to claim GI?

In cases of International Disputes as discussed in the present paper there are four main routes in which a GI can be protected abroad i.e., By obtaining protection directly in the jurisdiction, through the Lisbon agreement relating to protection of appellations of origin and their International registrations, through Madrid systems for International Registration of marks, through bilateral agreements between States or Commercial partners.

GI can be protected through bilateral agreements between two countries or commercial parties. These are usually used in cases of protection of wines and spirits. These can be traced back to mid twentieth century but are still one of the most common ways to protect GIs even in cases not related to wines and spirits. Direct protection under the jurisdiction of the concerned state or nation is another way of protecting GI.

Another method is through the Lisbon agreement as it was established for the protection of appellations of origin at the international level by making an international registration. Applications for such registrations must be filed with WIPO by the competent authority of the country of origin and cannot be done by an individual applicant. WIPO notifies other states party to Lisbon agreement of any applications received and any member state can declare whether it will protect the appellation of origins and has the power to not set the grounds on which such international registration may be refused and leaves it to member states to determine it and if no declaration of refusal communicated to WIPO within 1 year then protection of appellation takes effect in that country as date of international registration.

The Madrid system is another way for countries to protect their GI. The Madrid Agreement the international registration of marks and the protocol relating to the Madrid Agreement offered possibility of protection of mark including collective mark or a certification or guarantee mark in several countries by filing an application. A procedure is to be followed and the applicant designates in the international application Contracting Parties in whose territory protection is sought. WIPO communicates mark to offices of contracting parties where it examines.

In this paper, the authors aim to discuss the history of yoga and trace it back to its Indian origins. Furthermore, this paper explores how India has a strong case on claiming GI over yoga by analyzing Indian Journal of Legal Research & Advancements Volume 1 Issue 1 October, 2020 both the arguments supporting and opposing Indian origins of Yoga. The paper also reveals the shortcomings of not having a well-structured international body for regulation of international disputes relating to IP. Indian Journal of Legal Research & Advancements Volume 1 Issue 1 October, 2020

Historical analysis of Yogic Traditions

Pre-Vedic India

Few scholars relate yoga with pre-Vedic elements.** They claim that yoga has taken birth in the Indus Valley Civilization††. Scholars, such as Marshall, Eliade & few others observe that some archaeological findings in Indus Valley Civilization depict figures resembling of yoga. For instance, certain figure in the seal excavated in Indus Valley resembles an ‘Mulabandhasana’ used for . But some scholars, like Srinavasan‡‡, consider this interpretation to be hypothetical and uncertain.

Vedic period (1700–500 BCE)

In the opinion of Crangle, a linear theory has been favoured by scholars, which aims “to interpret the origin and early development of Indian contemplative practices as a sequential growth from an Aryan genesis”§§. Scholar Thomas McEvilley whereas believes in a different theory where yoga existed in pre-Vedic era but its refinement and development started in the Vedic period.***

Ascetic practices, such as i.e. detachment from all worldly affairs, body postures and concentration mechanisms described in the Vedas could be the forerunners of yoga.

Textual references

Hymn 5.81.1 of the Rig Veda can be associated with the first ever use of the word ‘yoga’. This hymn interprets ‘yoga’ as “yoke” or “yogically control” and was used for worshipping the rising Sun-god in the morning.†††

Another hymn ‘Kesin’ 10.136 of the shows the most ancient evidences of & Yoga.‡‡‡

** ZIMMER, PHILOSOPHIES OF INDIA 674 (Princeton University Press 1951). †† , THE ORIGINS OF YOGA AND 230 (Cambridge University Press 1980). ‡‡ MARK SINGLETON, : THE ORIGINS OF MODERN POSTURE PRACTICE 134(Oxford University Press 2010). §§ CRANGLE, THE ORIGIN AND DEVELOPMENT OF EARLY INDIAN CONTEMPLATIVE PRACTICES 134 (Otto Harrassowitz Verlag 1994). ***Thomas McEvilley, An Archaeology of Yoga, 51 ANTHROPOLOGY AND AESTHETICS 14, 17 (1981). ††† Sri Aurobindo, A Hymn to Savitri, 81 THE SECRET OF VEDA 520, 529 (1995). ‡‡‡ Karel Werner, Yoga and the Ṛig Veda: An Interpretation of the Keśin Hymn, 13 289, 302 (1977). Indian Journal of Legal Research & Advancements Volume 1 Issue 1 October, 2020

The Yogis of Vedic times left little evidence of their existence, practices and achievements. And such evidence as has survived in the Vedas is scanty and indirect. Nevertheless, the existence of accomplished Yogis in Vedic times cannot be doubted.

-Karel Werner, Yoga and the Rig Veda§§§

However, there is very little evidence of describing yoga and its practices under Rigveda.**** The earliest references to practices are made in ‘Brihadaranyaka Upanishad’ (earliest Hindu Upanishad).†††† For instance, the popular yoga practice of is mentioned in Brihadaranyaka Upanishad (Hymn 1.5.23) (c. 900 BCE), and the practice of pratyahara is mentioned in Chandogya Upanishad (Hymn 8.15) (c. 800-700 BCE).‡‡‡‡ Practice of pranayama is consciously regulating breath and practice of pratyahara relates to concentrating al senses of one on oneself. Further, the control of breath and mantra repetition is given in the Jaiminiya Upanishad.§§§§

In the opinion of Geoffrey Samuel, “Evidences suggest that yogic practices developed in the same ascetic circles as the early ‘Sramana’ movements like Buddhists, Jainas and Ajivikas, probably during the sixth and fifth centuries BCE.”*****

In the opinion of Mallinson and Singleton, psychophysical techniques like ‘dhyana’ and ‘tapas’ were later defined as ‘yoga’ and the objective of these traditions was moksha or nirvana from samsara (liberation from round of rebirth).†††††

Karel Werner opines, “The Buddha was the founder of Yoga system, even though, admittedly, he made use of some of the experiences he had previously gained under various Yoga teachers of his time. But it is only with itself as expounded in the Pali Canon that we can speak about a systematic and comprehensive or even integral school of Yoga practice, which is thus the first and oldest to have been preserved for us in its entirety.‡‡‡‡‡

§§§ Karel Werner, Yoga and the Ṛig Veda: An Interpretation of the Keśin Hymn, 13 RELIGIOUS STUDIES 289, 302 (1977). **** Id. †††† , AN INTRODUCTION TO 94 (Cambridge University Press 1996). ‡‡‡‡ M. E. WIKI , YOGA: IMMORTALITY AND FREEDOM 117 (Princeton University Press 2009). §§§§ AND MARK SINGLETON, 12 (Penguin Books 2017). ***** MARK SINGLETON, YOGA BODY: THE ORIGINS OF MODERN POSTURE PRACTICE 25-34 (Oxford University Press 2010). ††††† JAMES MALLINSON AND MARK SINGLETON, ROOTS OF YOGA 13-15 (Penguin Books 2017). ‡‡‡‡‡ KAREL WERNER, YOGA AND INDIAN PHILOSOPHY 119-120 (Motilal Banarsidass Publications 1998). Indian Journal of Legal Research & Advancements Volume 1 Issue 1 October, 2020

Description of yogic and meditative practices can be seen in early Buddhist texts. Some of these practices were taken from the sramana tradition.§§§§§ The Pali Canon (standard collection of scriptures in Buddhist tradition in Pali language******) has three passages in it. Buddha explains asanas for controlling the mind or hunger by pressing tongue against the palate.†††††† Yogic practices are discussed in many suttas of Buddhism. The Satipatthana sutta and the Anapanasati sutta are some major ones.

Upanishads

The word “yoga” has been found in various texts but the word with the same meaning as the modern term was mentioned first in the Katha Upanishad.‡‡‡‡‡‡ The word was defined by integrating the concepts of samkhya and yoga as the steady control of senses leading to a supreme state along with cessation of mental activity.§§§§§§ The introduction of these concepts helped shape the modern version of yoga and was thus defining in nature and was seen as a process of internalization or ascent of consciousness from thereon. White stated that the it was first described by and states “it describes the hierarchy of mind-body constituents—the senses, mind, intellect, etc.—that comprise the foundational categories of Sāmkhya philosophy, whose metaphysical system grounds the yoga of the Yogasutras, , and other texts and schools”.*******

The reference of the word and the ritual can also be found in the memoirs written by Greek Academics of Alexander the Great and prominent authors of the Macedonian Historical texts Theses memoirs were about the geography, people, culture and customs of the place. Onesicritus was one of the companions of alexander who described the yogins of india and wrote that they practiced aloofness and “different postures – standing or lying naked and motionless”.†††††††

The references of yoga in the Mahabharata and the Bhagwada Gita provide more solid proof of it originating from India as the Gita is the holy book of . The concept of Nirodhayoga is

§§§§§ BARBARA STOLER MILLER, YOGA: DISCIPLINE OF FREEDOM: THE YOGA SUTRA ATTRIBUTED TO ; A TRANSLATION OF THE TEXT, WITH COMMENTARY, INTRODUCTION, AND GLOSSARY OF KEYWORDS 8 (University of California Press 1996). ****** RICHARD GOMBRICH,, THERAVADA BUDDHISM 234 (2nd ed. 2006). †††††† JAMES MALLINSON, THE KHECARĪVIDYĀ OF ADINATHĀ. 17-19 (Routledge 2007). ‡‡‡‡‡‡ GAVIN D. FLOOD, AN INTRODUCTION TO HINDUISM 95 (Cambridge University Press 1996). §§§§§§ Sri Aurobindo, A Hymn to Savitri, 81 THE SECRET OF VEDA 520, 529 (1995). ******* , YOGA : BRIEF HISTORY OF INDIA 4 (Princeton University Press 2011). ††††††† STRABO, GEOGRAPHY BOOK XV 63–65 (Harvard University Press 2004). Indian Journal of Legal Research & Advancements Volume 1 Issue 1 October, 2020 mentioned which talks about the progressive withdrawal from essential elements of consciousness such as thoughts, sensations until self-realization.‡‡‡‡‡‡‡

This concept of Nirodhayoga is mentioned in 12th chapter of the Mahabharata. Other terms like Vichara Viveka and others which are similar to Patanjali’s terminology are mentioned but are not described.§§§§§§§ According to Mahabharata the main objective of yoga is the separation of self from matter and surrounding beings, perceiving the universe everywhere and entering into the universe. The purpose is described as uniting the individual atma (soul) with the universe that infuses all things.********

The main source of the Yogic Tradition is Patanjali’s Yoga Sutra which is a collection of aphorisms on the practice of yoga. The metaphysical basis for this text is the Indian philosophy termed samkhya which is the atheistic rationalist school of thought. The mention of samkhya is also made in Kautiliyas Arthashastra as on of the three categories of anviksikis along with yoga and carvaka.†††††††† There is seen to be a distinction between the two schools i.e., one being a believer in personal god and the other being a rationalist non theistic system of .‡‡‡‡‡‡‡‡§§§§§§§§ Max muller addressed the similarities between the two schools of thoughts by saying that one is samkhya with and the other is samkhya without a lord.*********

The practices mentioned in the text has huge influences of sramana traditions of Buddhism and which are the religions having Indian origins. There are various parallels that could be drawn between ancient yoga and Abhidharma Buddhist School of thought.††††††††† The text is influenced by and is the culmination of the ideas of the three traditions. It adopted the concepts of reflective discernment of prakriti and purush (duality of nature) and metaphysical realism.‡‡‡‡‡‡‡‡‡

‡‡‡‡‡‡‡ IAN WHICHER, THE INTEGRITY OF THE YOGA DARŚANA: A RECONSIDERATION OF CLASSICAL YOGA 25-26 (Suny Press 2010). §§§§§§§ JAMES MALLINSON AND MARK SINGLETON, ROOTS OF YOGA 19-24 (Penguin Books 2017). ******** LLOYD PFLUEGER, THEORY AND PRACTICE OF YOGA 928 (Motilal Banarsidass press 2002). ††††††††B PATRICK OLIVELLE, KING, GOVERNANCE, AND LAW IN ANCIENT INDIA: KAUTILYA'S ARTHASASTRA 42 (Oxford University Press 2013). ‡‡‡‡‡‡‡‡ LLOYD PFLUEGER, THEORY AND PRACTICE OF YOGA 38-39 (Motilal Banarsidass press 2002). §§§§§§§§ MIKE BURLEY, CLASSICAL SAMKHYA AND YOGA – AN INDIAN METAPHYSICS OF EXPERIENCE 31-46 (Routledge 2012). ********* MAX MULLER, SIX SYSTEMS OF INDIAN PHILOSOPHY: SAMKHYA AND YOGA, NAYA AND VAISESHIKA 146 (Gupta press 1899). ††††††††† S. RADHKRISHNAN, A SOURCEBOOK IN INDIAN PHILOSOPHY 130 (Princeton press 1967). ‡‡‡‡‡‡‡‡‡ S. RADHKRISHNAN, A SOURCEBOOK IN INDIAN PHILOSOPHY 134 (Princeton press 1967). Indian Journal of Legal Research & Advancements Volume 1 Issue 1 October, 2020

The earliest references to be found in Buddhist works dating from eighth century and then earliest of references can be found in Vimalaprabha defining it in relations to centre channel, bindu§§§§§§§§§. The practice of is the most popular of all the types of yoga and is the synthesis of Patanjalis yogasutra mixed with posture and breathing exercise. The hath yoga marked the development of asanas into full body postures which led to the development of the type yoga practiced in the modern world.**********

§§§§§§§§§ James Mallinson, Sāktism and Hathayoga, WAYBACK MACHINE [Feb. 19, 2020, 9:29 PM], http://www.easyhealthed.org/when-dietary-intake-of-calcium-is-low-the-body-takes-calcium-from-bone.html. ********** , THE SHAMBHALA GUIDE TO YOGA 235 (Shambhala Publications 1996). Indian Journal of Legal Research & Advancements Volume 1 Issue 1 October, 2020

Analysis

Yoga is commonly perceived as an Indian tradition, but in the recent times, this perception has attracted criticism from various scholars.

A lot of efforts have been made by the current Modi government to popularize yoga globally as an Indian tradition. India took the initiative in United Nations for declaring 21st June as International Yoga Day. Further, Modi himself promoted it by performing & broadcasting it nation-wide. After all these endeavors of India, intentions of Modi government to claim GI over yoga did not come as a surprise. These intentions of Indian government to claim GI over yoga have come under fire from several foreign agencies arguing that India doesn’t have a strong case. Working towards this objective, Indian government established a Ministry of Yoga which is making efforts to archive all the yoga asanas which have originated from India in the form of a digital library (Traditional Knowledge Digital Library).

Section 2 (e) of the Geographical Indications of Goods (Registration and Protection) Act, 1999†††††††††† defines Geographical Indications as:

(e) "geographical indication", in relation to goods, means an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be.

The main argument of the authors will be first based on the definition of geographical indication. Although, yoga is not a good but it’s a well-known practice/tradition and this makes it a profitable commodity. Geographical Indication of a profitable commodity can be taken. Now, through this paper it will be proven that the practice of Yoga has originated in India and the most practiced or well-known forms of yoga (from which other have been derived) can be traced back to India.

†††††††††† Geographical Indications of Goods (Registration and Protection) Act, 1999, § 2(e), No. 48, Acts of Parliament, 1999 (India). Indian Journal of Legal Research & Advancements Volume 1 Issue 1 October, 2020

As articulated by David Gordon White: Every group in every age has created its own version and vision of yoga. One reason this has been possible is that its semantic field—the range of meanings of the term "yoga"—is so broad and the concept of yoga so malleable, that it has been possible to morph it into nearly any practice or process one chooses.

Yoga has taken various forms derived from the ones practiced in India and now, mainly corrupted by Americans.

*Americans exploiting Yoga and building a 10 Billion Dollar industry*

There have been various claims made by the western agencies claiming India doesn’t have a strong case in claiming GI for yoga as it is a wide area of practice and its origins cannot exactly be traced back to India. Also, the types of Yogas that have emerged and are being practiced in America are different than those which were being practiced in India since long. But the evidence shows otherwise as besides having its origins in Indian Texts and religions, India has various other reasons to claim GI. The USA has been using it and has built a 10 Billion dollar Industry of Yoga. India must claim GI over this to not waste its potential and not let USA exploit what’s ours.

Aseem Shukla adds: “Yoga is a victim of overt intellectual property theft, absence of trade mark protections and the facile complicity of generations of Hindu yogis, , swamis and others that offered up a religion's spiritual wealth at the altar of crass commercialism.”‡‡‡‡‡‡‡‡‡‡

Even the Indian government contributed to this debate and expressed their intention of claiming GI over Yoga. The government-run Traditional Knowledge Digital Library (TKDL) recently created a database of one thousand three hundred yoga postures believed to be documented in ancient Indian texts. §§§§§§§§§§

The TKDL's motive remains that this database will function as a reference point for patent offices all over the world to check each time when someone applies for a patent on a particular yoga posture or sequence. The aim is to prevent yoga marketers from claiming ownership and consequently profiting off of something that is believed to have origins from ancient India. The TKDL is especially concerned about (b. 1946) and the school for which he is founder, Chairman, and CEO, Bikram's Yoga College of India (BYCI).

‡‡‡‡‡‡‡‡‡‡ HINDU AMERICAN FOUNDATION, https://www.hafsite.org/media/pr/onfaithapril18 (Last visited Feb. 20, 2020). §§§§§§§§§§ K. Sinha, India Pulls the Plug on Yoga as Business, THE TIMES OF INDIA (Feb. 6, 2020, 10.00 PM), http:// articles.timesofindia.indiatimes.com/2011-02 06/india/2835560 2_l_hot-yoga-patanjali-tkdr. Indian Journal of Legal Research & Advancements Volume 1 Issue 1 October, 2020

Although some people claim that yoga is essentially Hindu and some claim it to be originally Indian, a lot of schools haven’t emerged from Hinduism. Mostly it has emerged from Hindu texts and traditions, but also from Buddhism and Jainism and was practiced in Sikhism too.

For instance Yoga practices can be traced back to early Buddhism teachings of Buddha. Its teachings can be found in the comprehensive and encyclopedic work called the Yogācārabhūmi- Śāstra.*********** .According to the Historans Mallison and Singleton, the understanding of Yogas early history can’t be learnt without examination of Yogacara Buddhism as its teachings have influenced Patanjali’s Yoga Shastra.††††††††††† Even some concepts of Jainism yoga can be seen to have resemblance to Yoga sutras such as the five yamas or five constraints of the Yoga Sutras and the five major vows of Jainism. ‡‡‡‡‡‡‡‡‡‡‡

In short, yoga is Hindu but is beneficial for members of all religions. Conflating yoga with the "core concepts of Hinduism," proponents maintain that yoga dates back over five thousand years to the Indus Valley Civilization that the religion of that civilization was an early form of Hinduism, and that yoga's origins can thus be traced back to Hinduism from which it is forever inseparable. They cite narrowly selected texts, including the Yoga Sutras, The Bhagavad Gita, and the Hatha Yoga Pradipika in addition to texts by the contemporary yoga B. K. S. Iyengar, and point out what they consider the Hindu theological dimensions of these texts, concluding that yoga is always "a means of spiritual attainment"§§§§§§§§§§§.

Yoga is primarily seen to be Hindu but has benefited all the other religions. The proponents of Hindu origin have claimed that he origins trace back to Indus Valley civilization as can be seen. Various notes scholars such as Marshall and Eliade************ have observed and noted that discovered in the Indus Valley site depicts a figure which resembles an asana used in meditation called Mulabandhasana. This interpretation is considered speculative and uncertain by more recent analysis of Srinivasan and may be a case of projecting "later practices into archeological findings".††††††††††††

*********** 1 ULRICH TIMME KRAGH, THE FOUNDATION FOR YOGA PRACTITIONERS: THE BUDDHIST YOGĀCĀRABHŪMI TREATISE AND ITS ADAPTATION IN INDIA, EAST ASIA, AND TIBET 16-25 (Harvard University press 2013). ††††††††††† JAMES MALLINSON AND MARK SINGLETON, ROOTS OF YOGA 17-18 (Penguin Books 2017). ‡‡‡‡‡‡‡‡‡‡‡ ROBERT ZYDENBOS, JAINISM TODAY AND ITS FUTURE 66 (Manya Verlag 2006). §§§§§§§§§§§ HINDU AMERICAN FOUNDATION, https://www.hafsite.org/media/pr/onfaithapril18 (Last visited Feb. 20, 2020). ************ MARK SINGLETON, YOGA BODY: THE ORIGINS OF MODERN POSTURE PRACTICE 25- 34 (Oxford University Press 2010). †††††††††††† GEOFFREY SAMUEL, THE ORIGINS OF YOGA AND TANTRA 10 (Cambridge University Press 1980). Indian Journal of Legal Research & Advancements Volume 1 Issue 1 October, 2020

The Hindu origins position evidences Singleton's argument that Vivekananda's dichotomy between the "mere" physical yoga of hatha yoga and the spiritual yoga of "obtains in up to the present day". Yoga, for example, was a term used in some sections of the Mahabharata to refer to a dying warrior's attempts to transfer himself to the sun. It was also used in the Mahabharata, as well as in Hemacandra's Jain text, the Yogashastra, to refer to techniques for transferring the practitioner's consciousness into another body. The Yoga Sutras, though usually interpreted as being concerned with meditative isolation, refer to both of these applications of the term yoga.‡‡‡‡‡‡‡‡‡‡‡‡

The HAF argues that Yoga, as an integral part of Hindu philosophy, is not simply a physical exercise in the form of various asanas and pranayama, but was also in fact a Hindu way of life. The ubiquitous use of the word "Yoga" to describe just simply an asana or exercise is not only misleading, but has also led to a problematic de-linking of Yoga and Hinduism. Echoing Vivekananda, representatives of the HAF argue that authentic yoga is ‘raja yoga’ as found in Patanjali’s Yoga Sutras with its eight limbs, of which posture is only one.§§§§§§§§§§§§

There is a problem with the chronology of the practices in different parts of the territory. Since, references in the earliest texts have claimed to be speculative and not concrete and thus it would get difficult for India to claim it as its own but the various other references such as the earliest one seen in Brihadaranyaka Upanishad which is one of the oldest Upanishad texts.************* The five vital energies called have been seen in Chandogya Upanishad and other concepts of Nadis and internal sound has been described in Upanishads only.†††††††††††††

Even if the US argues that there various other types of Yogas practiced in their country and origins of whose can’t be traced back to India. Still, India can claim GI over the forms of Yoga which have originated from India which are majority of the forms of yoga. Almost all forms of yoga practiced in India can have their origins traced back to yoga originating from India.

This case is similar to that of the Indian case of Rasogulla. West Bengal got the GI over rasogulla in 2017, but later in 2019, Orissa still got a GI over a different type of Rasogulla which supposedly originates from Orissa and is used as an offering to the famous Lord Jagannath temple.

‡‡‡‡‡‡‡‡‡‡‡‡ Ian Whicher, The World-Affirming and Integrative Dimension of Classical Yoga, 4 CRACOW INDOLOGICAL STUDIES 619,626 (2010). §§§§§§§§§§§§ Aseem Shukla, The Theft of Yoga, NEWSWEEK (Feb. 24, 2020, 09.29 PM) http://newsweek.washingtonpost. com/onfaith/panelists/aseem_shukla/2010/04/ nearly_twenty_million_people_in.html. ************* GAVIN D. FLOOD, AN INTRODUCTION TO HINDUISM 94-95 (Cambridge University Press 2010). ††††††††††††† GEOFFREY SAMUEL, THE ORIGINS OF YOGA AND TANTRA 106 (Cambridge University Press 1980). Indian Journal of Legal Research & Advancements Volume 1 Issue 1 October, 2020

These ample incidents from the history certify the fact that Yoga had its origins from ancient India. Thus, after the points put forward in the above analysis, it can be established that India has a substantial right to claim GI over Yoga.

Indian Journal of Legal Research & Advancements Volume 1 Issue 1 October, 2020

Conclusion

Intellectual Property rights provide right to access to the people at large vis a vis securing innovators rights of their contributions. Yoga has transformed the culture and lifestyle of people all over the globe. Thus, after all the evidences cited above, Geographical Indications over Yoga must be given to India, for its origins can be traced back to ancient India. A GI claim over Yoga will not just benefit India in increasing its economy and expanding its pride, but it will also result in India gaining a lot of soft power. The economic and cultural influence which India will have on the world after the GI claim will result in better international relations and strong foreign policy. It will help India to establish its leadership over the world politics. Currently, India has not secured a place in The Soft Power 30 Index. It has not benefitted from the positive associations, international awareness and the investments in cultural diplomacy. Claiming Yoga could very well be an addition in the overall factors, which could elevate India’s influence over the globe.

Further, there is no international regularity authority to regulate the granting and checking system of IPs. Failure to properly protect the Geographical Indications as Intellectual Property can possibly ruin even the most development-oriented and efficient GI scheme. There is no international organisation to keep a check on IP infringement all around the globe.

COMMENTS:

• The paper has been written very well. It is extremely engaging and easy to understand. • The Authors have explained the Indian origins of Yoga very intricately and have compiled all the important points in a systematic manner. • As far as the GI argument is concerned, the authors have explained well how Yoga, though not being a good in the strict sense of the word, has been used by the West as a means of profit. • The research of the authors has made the paper very informative and I can see that the authors have expressed their inputs as well. The Conclusion has been written well. Appropriate usage of Citations can be seen. Indian Journal of Legal Research & Advancements Volume 1 Issue 1 October, 2020

• Plagiarism is slightly high, however on analysing the plagiarism report, I have realised that the report states that text is plagiarised in spite of the authors clearly mentioning the source.