The Commodification and Exchange of Knowledge in the Case of Transnational Commercial Yoga

Abstract

The practice of yoga outside India and for commercial exchange (transnational commercial yoga) is a multibillion-dollar industry that has been the site of increasing formal regulation. The primary questions these regulations are meant to resolve include the following: (1) What is yoga? (2) What is its proprietary nature? and (3) Who has the right to manage its expression? Two recent U.S. federal district court cases involving the Bikram Yoga College of India, a yoga franchise based in Los Angeles, have drawn international attention to the debate on whether yogic knowledge or practice resides in the public or private domain. This article asks, if given the monetary value at stake, did the global market for transnational commercial yoga set the stage for claims to individual IPRs? Furthermore, this article analyzes how yoga, due to its unique characteristics as an embodied practice and intangible form, serves as a platform for experimentation from which new meanings of open source, IPRs, and information management strategies emerge. © 2006, International Cultural Property Society. All rights reserved.