Traditional Thai Yoga Not Japanese Intellectual Property

[Mulboyne]

[floatr][/floatr]BangkokPost: Japan revokes 'Rusie Dutton' trademark
Responding to Thai protests, the Japan Patent Office (JPO) has revoked Japanese-issued trademarks on "Rusie Dutton" Thai traditional hermit yoga postures earlier granted to a Japanese businessman, according to Intellectual Property Department director-general Kanissorn Navanugraha. JPO officially revoked the trademarks in late May and the Thai authorities are now approaching Japanese yoga business operator Masaki Furuya who was granted the trademarks by JPO to encourage him to cancel his efforts to register the Thai traditional exercise pattern as his business trademarks, according to Mr Kanissorn...The property rights allow him to use the word ''Rusie Dutton'' and its pattern for commercial purposes...more...

Furuya writes on his website "To my dear Thai people; Needless to say, you can use the 'Rusie Dutton' anytime, anywhere on this planet, of course you can use in Japan freely. Our patents are only for the very limited categories of business by Japanese people. And the main purpose of its is the quality control and protect the traditional and 'pure' Rusie Dutton against 'no heart, no mercy people'". The patent office is currently considering another application relating to the name by Koji Komiya, who wants to use Thai traditional exercise in his cosmetics, hygienic food and yoga school businesses.

[kamome]

I heard about this - the Thai people became very upset because a Japanese businessman trademarked the name for his schools. I think misunderstand that trademarking the name does not equate to excluding Thais from practicing the yoga arts symbolized by the name. I'm surprised the Japanese patent office caved in to the pressure.

[Mulboyne]

I heard about this - the Thai people became very upset because a Japanese businessman trademarked the name for his schools. I think misunderstand that trademarking the name does not equate to excluding Thais from practicing the yoga arts symbolized by the name. I'm surprised the Japanese patent office caved in to the pressure.

I took it to mean that they were as upset as any Japanese national might be if someone attempted to trademark the term shiatsu. Or, by extension, karate, judo etc.

[amdg]

I took it to mean that they were as upset as any Japanese national might be if someone attempted to trademark the term shiatsu. Or, by extension, karate, judo etc.

Yeah I think that`s probably right. It`s not really a case of the JPO caving in to international pressure, but more of a legitimate objection that is specifically provided for in the Japanese Code (section 4.1.10 of the trademarks act if memory serves). In any case, countries that are party to the Paris Convention, such as Japan, must take steps to ensure that foriegn famous trademarks are not pirated by wrongful owners.

[Catoneinutica]

Wasn't there one of those recurring freakouts in Korea a while back when a J-company received a patent for - sacre bleu! - kimchi?

[Mulboyne]

Related news:

Asahi: "Anne of Green Gables" cannot be registered as trademark

The Intellectual Property High Court on Wednesday ruled that "Anne of Green Gables" cannot be registered as a trademark for commercial use in Japan because it is a cultural asset of Canada. The rare ruling is almost certain to affect Japanese merchants who are profiting from the famous characters of literary works in and out of Japan...The ruling stems from the move of a Canadian film company that produced a movie trilogy based on L.M. Montgomery's beloved book. In 2000, the company registered the original title, "Anne of Green Gables," as a commercial trademark that can be used for videogames, slot machines and other merchandise in Japan. But the provincial government of Prince Edward Island, the setting of the children's book, filed a lawsuit seeking the nullification of the registration. The province said it wants to protect the integrity and image of "Anne."
...The judge concluded that such a trademark could hurt public order and morals stipulated under the Trademark Law. Tsukahara also referred to the fact that notable foreign literary works such as "Hamlet" and "Gone With the Wind," as well as Japanese works including Natsume Soseki's "Botchan" and Nobel Prize Laureate Yasunari Kawabata's "The Izu Dancer," have been registered as trademarks...A lawyer representing the provincial government said after the ruling, "We will seek the nullification of trademark registrations from other Japanese companies that sell character goods featuring 'Anne' without authorization."

[Behan]

I guess I am in the habit of getting off topic...

But wasn't the kewpie doll fought over here a while ago?

[Mulboyne]

But wasn't the kewpie doll fought over here a while ago?

From here:

In October, 2003 the Tokyo High Court ruled in favor of Aramaki Unyu, and permitting it to use its kewpie doll trademark in its transport business, reversing the decision of the Patent Office. The case had been filed by Q.P. Corp, a company mostly famous for its mayonnaise that also used a kewpie doll in its trademark. The court found that kewpie dolls had become popular in Japan before the Second World War and thus no company was entitled to monopolize it.