“Things can be copyrighted, thoughts cannot be copyrighted, and certainly meditations cannot be copyrighted. They are not things of the marketplace.”

OSHO copyright claim
OSHO Trademark claim

False claims of the Ownership by Osho International Foundation, Zurich, Switzerland;

Bhagwan Shree Rajneesh then known as Osho during His life time, until His Mahaparinirvana, (demise) on 19 January, 1990 at Pune India, Osho left for His disciples and mankind a colossal legacy as:

Archive of 9,000 hours of audio tape/ digitally format discourses/ speeches in Hindi and English.
Video Discourses/ speeches of 1,870 hours.
All the said audios recordings of Osho’s discourses are transcribed by Osho devotees all these years and which are published in books in Hindi and English spread over 650 titles, which are now being translated in 65 languages in about 80 countries around the world.

For the sake of brevity all the above stated properties, intellectual properties, articles herein are referred to as “Osho’s Work/ Legacy.

Presently OIF, Zurich is illegally holding Osho’s copyrights and trademark in Osho’s work. The OIF, Zurich through its invalid claims are generating income worth millions of $ per annum. These incomes rightfully belonging to non-profitable charitable foundations are dubiously siphoned off in the private holdings of the trustees/ members on the board of foundations. (Thus, a criminal breach of trust is committed by heads of present board of members on OIF.)

The OIF, Zurich is claiming its false ownership on the basis of mainly on THREE historical documents that are listed below.

Document 1:

A Declaration executed by Bhagwan Shree Rajneesh (now known as Osho) in Poona, India dated 28^th July 1978

Osho Declaration Rajneesh Foundation 1978

As per this Declaration dated 28^th July 1978, the Rajneesh Foundation (formally known as Jeevan Jagriti Kendra- JJK) in Poona India is holding the publishing rights as well as the ownership of the same. The detailed explanation in respect of holding the IPR by RF, Poona is following hereunder.

The said Rajneesh Foundation is now known as Neo Sannyas Foundation (NSF).

All the same entities mentioned as JJK, RF and NSF is governed under the Indenture of Trust dated 11^th June 1969 and Supplementary Agreement 26^th September 1969 registered under the provisions of the Bombay (Maharashtra) Public Trust Act, 1950.

Trust Deed RF NSF JJK Indeture Suppliments 1969

The said Neo Sannyas Foundation bearing registration number E 625 (Pune) was having its registered office at 17, Koregaon Park, Poona is now bearing Reg. no. E- 31387 (Mumbai) having its registered offices at: 608, Maker Chambers V, 6^th Floor, Nariman Point, Mumbai – 400 021

Document 2:

A General Assignment of Copyright dated 1^st April 1981 executed by only one trustee Mr. Manikant Khona aka Swami Yogendra Manu on behalf of the said Rajneesh Foundation in favor of Chidvilas Rajneesh Meditation Center signed by Asha Sipus on behalf of Chidvilas, situated in 154, Valley Road, Montclair, New Jersey USA.

RF ChidVilas Assignment 1981

Document 3:

An agreement dated 1981 allegedly between Bhagwan Shree Rajneesh and Chidvilas Rajneesh Meditation Center in New Jersey. The said Chidvilas later operated as Rajneesh Foundation International (RFI) on the Rajneeshpuram in Oregon.

BSR Chidvilas 1981

In furtherance the OIF, Zurich is holding other various documents such as:

Document 4:

An agreement dated 1985 allegedly between RFI and Rajneesh Foundation Europe (RFE) in Switzerland, which later became Osho International Foundation (OIF).

Document 5:

An agreement dated 1986 allegedly between RFI and RFE [OIF].

RFI Rajneeshpuram to REF Europe US 1997

The brief description of the said documents:

Document 1:

This first document in the year 1978 is executed by Bhagwan Shree Rajneesh for exclusive ownership rights and publishing rights in possibly 8 titles of Books and of Osho’s earlier works (prior to July 1978) as well as inclusive of all of Osho’s future work. The document was filed with the US Library of Congress. It was filed with an affidavit signed by Ma Anand Sheela and dated May 26, 1985. Ma Anand Sheela, then the secretary to Bhagwan Shree Rajneesh claimed to be acting under a irrevocable power of attorney from Osho (which she had at that time) and swore that this (Declaration by Bhagwan /Shree Rajneesh executed at Poona, India dated 28^th July 1978) was an exact copy Bhagwan Shree Rajneesh provided to RF in 1978.

We say that there is no dispute raised by any parties (including OIF, Zurich) in respect of this Declaration executed by Bhagwan Shree Rajneesh on 28^th July 1978 at Poona, India. Hence this document is the only legitimate document in respect to the entire rights and or ownership of Osho’s work.

Any other document executed by any entities after this document of 28th July 1978 DOES NOT STAND valid on the following grounds:

Document 2:

RF ChidVilas Assignment 1981

The General Assignment of Copyright dated 01.04.1981 is illegal on the following four counts amongst many others:

At the time of executing the said Assignment of Copyright only one trustee Mr. Manikant Ratansi Khona alias Swami Yogendra Manu had executed the same, whereas, the remaining other eight trustees on board has neither signed the said General Assignment of Copyright nor, have passed any resolution in meeting of the Trust authorizing Mr. Yogendra Manu to execute the same on behalf of the Trust.
List of trustees ED 1981
list of trustees in the year 1981 > This is in serious violation of the Bombay Public Trust Act. Therefore, the said General Assignment of Copyright dated 1^st April 1981, in favor of Chid Villas Rajneesh Meditation Center, New-Jersey, USA is illegal without any authority of law and in contravention to the laws in force in India. Hence, the said General Assignment of Copyright is null and void.
As per the said document No.1, the Declaration executed by Bhagwan Shree Rajneesh dated 28^th July 1978, Osho’s intellectual properties and His Work was in ownership of the Trust hence, the trustees / opponents are obliged to take prior permission of the Hon’ble Charity Commissioner to assign/ sale/ transfer the valuable articles and properties belonging to the ownership of the Trust. The trustees/ Opponents have neither applied prior to executing the said General Assignment of Copyright, nor have obtained requisite permission of the Hon’ble Charity Commissioner, Mumbai / Pune Region. Notably, during the period the said alleged General Assignment of Copyright dated 1/4/1981 was executed, the registered address of the Trust bearing registration No. E 625 (Pune) was in the jurisdiction of Charity Commissioner, Pune Region.
The opinions of two experts in respect of the Foreign Exchange Laws in India, is further confirming the illegal transfer Intellectual Rights of Osho. The experts’ opinions from M/S Jayantilal Thakkar & Associates, Chartered Accountant Bombay dated 12/11/2012 and Mohinder Puri & Co. New Delhi dated 19^th July 2001, certifies that, it is mandatory for Transferor / Assignors to take prior consent of Foreign Exchange Department, Reserve Bank Of India, Mumbai before assigning the same outside India.

As a matter of fact, the Rajneesh Foundation Trust had not taken mandatory consent of Foreign Exchange Department, Reserve Bank Of India hence, the said Assignment is illegal null and void. The expert’s opinion further suggests that there is no limitation period for criminal action under FERA/ FEMA (Foreign Exchange Management Act) as, these violations are punishable with monetary penalty as well as prosecution. The said written opinions of both the experts M/S Jayantilal Thakkar and Mohinder Puri & Co. are attached herewith

FERA FEMA Opinions

As a matter of fact after execution of the Document No. 1 dated 28^th July 1978:

Osho had never cancelled or terminated the rights and ownership of Rajneesh Foundation, Poona India till His Mahaparinirvana (His physical demise).
A point to be noted that even when Osho was in USA he had not signed any new document cancelling the rights and ownership of RF pertaining to Document No. 1. Hence, on May 26^th 1985 Sheela had to swore the same “Document No. 1 dated 28^th July 1978” in USA
Osho, jurisdictional is an Indian national. He was holding Indian nationality till Mahaparinirvana (His physical demise). Osho knew that any documents pertaining to assignment and signing thereof would invoke Foreign Exchange Regulation Act (FERA) of India. And he also knew that violation of FERA (now FEMA) is a very serious crime and would attract criminal proceedings. Hence, Osho kept away from signing any papers after signing the Document No. 1 until His Mahaparinirvana.

Therefore, the Document No. 2 is null and void. In addition, in the light of the facts and laws in India, any further documents bearing no. 3, 4, 5 and others if any, pertaining to Osho’s Work if executed by anyone (either by Sheela, Osho or any person on the board of any Trust in USA, Europe, Switzerland and anywhere) stands illegal and Benami transactions.

In the given facts:

Osho had never cancelled or terminated Document No. 1 dated 28^th July 1978 and the rights and ownership of Rajneesh Foundation during His lifetime.
In the absence of prior consent of government authorities as explained above, the ownership and rights stands with Rajneesh Foundation which is now known as Neo Sannyas Foundation registered under the provisions of the Bombay (Maharashtra) Public Trust Act, 1950.

The brief history of Intellectual Properties of Osho (aka Bhagwan Shree Rajneesh aka Acharya Rajneesh aka Rajneesh Chandra Mohan Jain) :

Osho began giving discourses in the 1960s. By 1969 a charitable trust was set up in Bombay to support Osho’s work. This trust was Jivan Jagruti Kendra (JJK), and it began to publish some of Osho’s discourses in written form. These were actually small booklets containing collections of discourses. Some of those discourses were English translations of Hindi discourses. In those small booklets JJK listed itself as the copyright holder, but there’s no evidence that JJK ever tried to claim ownership of Osho’s copyright interests in the works. JJK may have had a copyright interest in the translations and compilations, while Osho held the copyright to the expression of ideas in the content.

In 1974 Osho moved to Pune and the ashram was set up there. As more people came to Pune a publishing department was set up and both Hindi and English discourse series were published in book form and in recordings: darshan diaries, recording Osho’s meetings with individuals in the evening were also published. JJK, which had changed its name to Rajneesh Foundation (RF) in 1975, had these books printed and listed RF as copyright holder.

The books were transcribed from discourses, edited, and sometimes translated into other languages. All of these contributions make up aspects of the work that can be copyrighted. In other words, there can be several copyrights in a work.

In the early 1980s Osho agreed to go to the USA for a rest that would improve His health. Osho returned to the Rajneesh Ashram in Poona around 1986 and lived there till the last hour of His life. After Osho’s physical demise (Mahaparinirvana), His Samadhi is made in Osho Ashram/ Commune at Pune, India in January 1990

Some brief events:

When the Rajneeshpuram collapsed in 1985, Rajneesh Foundation International USA transferred any rights it had to Rajneesh Foundation Europe (RFE later in 1990 after Osho left the body, changed to Osho International Foundation [OIF Zurich]).

OIF, Zurich claimed in the US trademark case that Osho saw books of His discourses that had been published, and so He would have seen that OIF was claiming copyrights. This is not necessarily true at all. After 1985 the then Rajneesh Foundation Europe changed its name to Neo-Sannyas International. Around the same time Rajneesh Foundation in India also changed its name to Neo-Sannyas International. The books published after 1985 listed Neo-Sannyas International as the copyright holder, but gave no indication whether the reference was to the Indian or the Swiss foundation. The Indian foundation relied on the claimed 1978 Document No. 1, from Osho in claiming copyrights and ownership.

Later Neo Sannyas foundation Europe changed its name to Osho International foundation OIF and an Indian trust by name Osho International foundation was created by commune at Pune .For several years books were published listing OIF as the copyright holder, without indicating if this was the Indian or Swiss entity.

We believe that by keeping the same name of the foundations in India and Switzerland is one of the cunning strategies of OIF, Switzerland. In this manner, for years they could manage to keep Osho and his disciples in dark and kept taking undue advantages and benefits for their personal gains.

This is relevant, though, because it shows that there’s no evidence that Osho had any idea at all that the Swiss foundation Neo-Sannyas, as opposed to the Indian Neo-Sannyas International, was claiming to own any rights in published works. OIF, Zurich’s assertion that Osho knew about and approved its copyright claims is completely without support.

When OIF, Zurich is exposed to holding defective rights over Osho’s IPR, they choose to forge Osho’s Will.

An FIR under Indian Penal Code had been filed in the Police Department at Pune, India; against few members of OIF Zurich and its attorney Mr. Phlip Talkies (Swami Prem Niren). A Criminal Writ Petition bearing No. 2150/2016 is pending before Hon’ble High Court of Bombay.

Comments From

Advocate Hema Baweja (Ma Prem Sadhvi)
Yogesh Thakkar (Swami Premgeet)
Kishor Raval (Swami Anadi)
For: Osho Friends Foundation, Koregaon Park, Pune 411001 (MS) India
www.oshofriendsfoundation.com