Introduction
Many North Americans who have discovered the Buteyko Method came across it in a 2009 New York Times article, one of its first acknowledgments in the mainstream press here. This article describes the method and its benefits and also provides a link to the site of the Buteyko Center USA, which makes the following claim on its home page:
Officially representing the patent holders of the Buteyko Method with exclusive rights in the USA and all countries outside Russia to educate on the patented Buteyko(TM) Method, acting as the headquarters for all official Buteyko centers.
This is an unfortunate misstatement because the actual situation is far less clear-cut. There are many highly competent practitioners trained over the years by Professor Buteyko or with his authorization who are not affiliated with the Buteyko Center USA. Many of these have grouped themselves in an alternative organization: the Buteyko Breathing Educators Association (BBEA).
Using a "Star Wars" metaphor we will examine the relative positions of "the Empire" (Buteyko Center USA) and the "the Alliance" (the BBEA) and try to make sense out of it. The opinions are my own alone, and hopefully if they cause offense it will be to both sides equally :)
The Empire
Like any good imperial force the Buteyko Center USA is attempting to extract tribute from its subjects in the form of substantial training and licensing fees. Many long-established practitioners object to these, and to the claim to be the sole authority on Buteyko matters outside Russia, and have formed an alternative organization.
The claim of the Buteyko Center USA to hegemony is based on a license granted by Ludmilla Buteyko and Andrey Novozhilof (Prof. Buteyko's widow and stepson) who claim to be the owners of the Buteyko intellectual property. This claim appears to be shaky at best. For a reasoned review and critique of Buteyko patent and trademark claims and their applicability in North America see The Buteyko Breathing Clinic FAQs.
I'm not an expert on intellectual property law but I have a basic understanding of the principles. One major principle is that to be awarded a patent on an invention it must be unique and unknown prior to the patent application. Anything commonly known or published prior to the patent application (with one year grace period allowed in certain circumstances) is known as "prior art" and cannot be covered.
Since the Buteyko Method has been used in clinical practice for around 60 years and reported in a variety of journal and popular articles during this period its hard to know what could remain to be covered. My opinion is that they are blowing smoke (legalese).
Whatever the merits or otherwise of the intellectual property claims the implied threat of legal action with its associated costs in legal fees and wasted time has had a chilling effect. At least one Buteyko practitioner and trainer to my knowledge has taken all reference to "Buteyko" out of his web site to avoid any possible legal entanglements.
The Alliance
Over the last 10-15 years sturdy Buteyko pioneers trained by Prof. Buteyko or by Dr. Alexander Stalmatski who brought the method to the West, have colonized the outer reaches of the galaxy, setting up outposts in Australia, New Zealand, the UK, Ireland, Canada and the USA. They have in turn trained other practitioners and trainers. There are now at least 50 trained practitioners in the USA alone.
Largely I believe in response to the perceived threat from the Empire these practitioners have formed an "Alliance", the Buteko Breathing Education Association (BBEA) started in 2009. The Alliance, like any other good alliance, should provide a measure of mutual support in the event of a legal attack on any of its members. It is also developing training and certification standards equivalent to those of the Empire.
Implications
Actually I think quite a lot of good is coming from these war games. As the Buteyko Method has gained acceptance in the West there is a crying need for a measure of standardization of methods, and accreditation of practitioners.
The Empire is a bit heavy-handed in the opinion of many practitioners but it does impose rigorous requirements for practice. The Alliance would probably not have been formed without the external threat. Colonists are traditionally independent-minded folk. Now the BBEA is coming up with a parallel set of standards.
For asthma sufferers looking for reliable, well trained Buteyko practitioners all this is very good news indeed. Practitioners affiliated with either group will do a good job.
Many North Americans who have discovered the Buteyko Method came across it in a 2009 New York Times article, one of its first acknowledgments in the mainstream press here. This article describes the method and its benefits and also provides a link to the site of the Buteyko Center USA, which makes the following claim on its home page:
Officially representing the patent holders of the Buteyko Method with exclusive rights in the USA and all countries outside Russia to educate on the patented Buteyko(TM) Method, acting as the headquarters for all official Buteyko centers.
This is an unfortunate misstatement because the actual situation is far less clear-cut. There are many highly competent practitioners trained over the years by Professor Buteyko or with his authorization who are not affiliated with the Buteyko Center USA. Many of these have grouped themselves in an alternative organization: the Buteyko Breathing Educators Association (BBEA).
Using a "Star Wars" metaphor we will examine the relative positions of "the Empire" (Buteyko Center USA) and the "the Alliance" (the BBEA) and try to make sense out of it. The opinions are my own alone, and hopefully if they cause offense it will be to both sides equally :)
The Empire
Like any good imperial force the Buteyko Center USA is attempting to extract tribute from its subjects in the form of substantial training and licensing fees. Many long-established practitioners object to these, and to the claim to be the sole authority on Buteyko matters outside Russia, and have formed an alternative organization.
The claim of the Buteyko Center USA to hegemony is based on a license granted by Ludmilla Buteyko and Andrey Novozhilof (Prof. Buteyko's widow and stepson) who claim to be the owners of the Buteyko intellectual property. This claim appears to be shaky at best. For a reasoned review and critique of Buteyko patent and trademark claims and their applicability in North America see The Buteyko Breathing Clinic FAQs.
I'm not an expert on intellectual property law but I have a basic understanding of the principles. One major principle is that to be awarded a patent on an invention it must be unique and unknown prior to the patent application. Anything commonly known or published prior to the patent application (with one year grace period allowed in certain circumstances) is known as "prior art" and cannot be covered.
Since the Buteyko Method has been used in clinical practice for around 60 years and reported in a variety of journal and popular articles during this period its hard to know what could remain to be covered. My opinion is that they are blowing smoke (legalese).
Whatever the merits or otherwise of the intellectual property claims the implied threat of legal action with its associated costs in legal fees and wasted time has had a chilling effect. At least one Buteyko practitioner and trainer to my knowledge has taken all reference to "Buteyko" out of his web site to avoid any possible legal entanglements.
The Alliance
Over the last 10-15 years sturdy Buteyko pioneers trained by Prof. Buteyko or by Dr. Alexander Stalmatski who brought the method to the West, have colonized the outer reaches of the galaxy, setting up outposts in Australia, New Zealand, the UK, Ireland, Canada and the USA. They have in turn trained other practitioners and trainers. There are now at least 50 trained practitioners in the USA alone.
Largely I believe in response to the perceived threat from the Empire these practitioners have formed an "Alliance", the Buteko Breathing Education Association (BBEA) started in 2009. The Alliance, like any other good alliance, should provide a measure of mutual support in the event of a legal attack on any of its members. It is also developing training and certification standards equivalent to those of the Empire.
Implications
Actually I think quite a lot of good is coming from these war games. As the Buteyko Method has gained acceptance in the West there is a crying need for a measure of standardization of methods, and accreditation of practitioners.
The Empire is a bit heavy-handed in the opinion of many practitioners but it does impose rigorous requirements for practice. The Alliance would probably not have been formed without the external threat. Colonists are traditionally independent-minded folk. Now the BBEA is coming up with a parallel set of standards.
For asthma sufferers looking for reliable, well trained Buteyko practitioners all this is very good news indeed. Practitioners affiliated with either group will do a good job.
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