EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

11.23.14

Vesna Stilin’s Remarks on Željko Topić: Part XI

Posted in Europe, Patents at 11:43 am by Dr. Roy Schestowitz

Berlin views

Summary: Vesna Stilin speaks about her confrontation with EPO Vice-President Željko Topić, who has criminal lawsuits against him in Croatia

THE Croatian link in the EPO is causing some serious problems for the EPO, based on E-mails that we have received and will say more about in the future. The corporate media has joined the campaign to reform the EPO (potentially by letting heads roll) and people who are the victims of Željko Topić, the man faces criminal charges in Croatia, also speak out. This is important because he is the EPO Vice-President and simultaneously he is in the midst of very serious abuses that can potentially land him in prison.

Writing to IP Watch under the heading “Right of Reply”, Vesna Stilin, a famous victim of Topić, published the following item. To quote IP Watch and to give Stilin a voice that she deserves:

I refer to the article “EPO Internal Strife Spills Over Into European Parliament, Human Rights Court”, published by Intellectual Property Watch on 15 May 2014 (IPW, European Policy, 15 May 2014) and hereby request to exercise my right of reply by way of publication of the following statement:

Although the article is to be commended for giving a useful overview of the controversy surrounding Mr. Topić’s appointment as Vice-President of the EPO, several of the statements attributed to Mr. Batistelli and to Mr. Topić contain factually incorrect and/or misleading information. Moreover, in at least some cases it appears to me that these statements are damaging to my reputation and good name.

The claim attributed to Mr. Batistelli and Mr. Topić in the published article to the effect that the allegations which I have raised about Mr. Topić amount to a “smear campaign” is incorrect. My efforts in this regard represent a legitimate attempt to obtain legal redress, inter alia by means of judicial review, with respect to matters concerning my statutory rights as a citizen and as a former employee of the Croatian State Intellectual Property Office (SIPO). The legal actions which I have initiated in this regard have been widely reported on in the Croatian media in recent years and as far as can be determined, Mr. Topić has not made any request for a correction of the aforementioned Croatian media reports which he would clearly have been entitled to do under Croatian law if the allegations contained in these reports amounted to nothing more than a baseless and unfounded “smear campaign”.

The statement attributed to Mr. Topić according to which “Vesna Stilin was dismissed by the government of Croatia, not by me, from her position as my assistant at SIPO” is formally correct in so far as the power of appointment and dismissal of Assistant Directors of the SIPO lied with the Croatian Government. However, the statement is grossly misleading insofar as it obscures the key role which Mr. Topić played in the process of my dismissal from the SIPO. The fact of the matter is that the Government took its decision to dismiss me from my position based on Mr. Topić’s recommendation as set forth in two letters which he wrote to the former Croatian Prime Minister, Mr. Ivo Sanader: one of which was placed on the official record (abolishing Copyright and Related Rights Department, without any explanation, with less employees which has been contrary to the recommendation made by independent EU experts in field of Copyright and Related Rights and contrary of Topic’s statement in CARDS program No. 96022 and No. 60343 ) and a further version which was treated as “strictly confidential” with the evident aim of preventing disclosure of its contents to me (contrary to the Law on Access to Information) and which led to me filing a lawsuit for criminal defamation against Mr. Topić.

The statement attributed to Mr. Topić concerning my unsuccessful candidacy for the position of Director-General of the SIPO and his comments concerning the legal proceedings which I subsequently initiated in relation to this matter, including the remarks referring to “absurd complaints” with the ECtHR, amount to an unacceptable misrepresentation and trivialization of the facts of the matter which may be summarized as follows:

I applied for the position of Director-General of the SIPO in 2008. My application was submitted after Mr. Topić had unilaterally, contrary to the legal procedure, abolished the SIPO’s Copyright and Related Rights Department and thus my post as Assistant Director in charge of that Department. If Mr. Topić had not engineered the abolition of my previous post – which was used to justify my dismissal from the SIPO – I would have had no reason to apply for the position of Director-General.

In the decision Us-4201/2008-6 from September 24th 2008, the Administrative Court rejected my complaint against Mr. Topić’s re-appointment as Director General stating inter alia that I could not apply for the position because there had been no public vacancy notice. In subsequent proceedings concerning the same matter before the Constitutional Court, I submitted evidence that the lack of a public vacancy notice, in concrete situation was contrary to the applicable statutory requirements and the practice followed by the previous Government.

In the same complaint filed with the Administrative Court (Us-4201/08 from April 21th 2008), I pointed out inter alia that, at the time of Mr. Topić’s re-appointment, the Government had not been properly informed about certain actions on the part of Mr. Topić which prima facie appeared to constitute criminal acts under Croatian law, including a covert agreement with the former Minister of Science (in charge of inspection under SIPO, who suggests appointment/dismissal of Director General of SIPO to the Government), for whose benefit Mr. Topić had apparently arranged provision of an Audi 6 vehicle at the expense of the SIPO.

Following the various allegations which I raised in this regard, the Government demanded an official inspection of the SIPO in January 2009. However, this official inspection was never carried out as has since been confirmed in writing by the competent Ministry of Economy and Enterprise to which supervisory responsibility for the SIPO had been transferred. In an official Memorandum of February 3th 2012 which was signed by Mr. Topić himself, the nonexistence of the inspection of SIPO since 2008 was confirmed. In the absence of a proper independent official inspection into these matters by the competent Government Ministry, the assertion attributed to Mr. Topić according to which the allegations which I raised “have been rejected after examination as entirely unfounded” does not stand up to scrutiny.

Following the dismissal of my complaint by the Croatian Constitutional Court, which is the final domestic instance, I proceeded to submit an application to the European Court of Human Rights in Strasbourg (filed August 20th 2011) in accordance with my statutory entitlement as a citizen of a signatory state to the European Convention on Human Rights. This action is still pending before the European Court of Human Rights.

The article also contains a statement attributed to the EPO President Mr. Battistelli according to which neither the AC nor Battistelli knew of the allegations against Topić at the time of his appointment “but since the charges have been made public they have all been cleared” and a further statement attributed to Mr. Topić according to which “There are no civil proceedings or criminal charges against Topić in Croatia, and he has provided a required certificate showing no criminal record”. These statements are misleading because prior to Mr. Topic’s appointment to the EPO a second criminal lawsuit against Mr. Topic was pending in Zagreb. The evidence relating to this fact was communicated to the President of the EPO and the Administrative Council by the end of 2013 (Minutes of proceedings before the Criminal Court of Zagreb, May 4th 2010, No. K 163/09). This second criminal lawsuit against Mr. Topic was mentioned in two judicial decisions before the Criminal Court of Zagreb (May 31th 2010 No.K-163/09 and May 23th 2011 No.K-238/10) concerning the “defamation” version of my dismissal. Furthermore I also communicated the evidence of further criminal charges against Mr. Topić filed with the Croatian Public Prosecutor (January 9th 2013) to the President of the EPO and the Administrative Council. Under Croatian law, a criminal record is not registered until after a final court judgment has been made. As the aforementioned cases against Mr. Topić are still pending and have not yet reached that stage, this is the reason why he was in a position to provide the EPO with a certificate showing no criminal record.

The statement attributed to Mr. Topić according to which a private lawsuit which I initiated against him for alleged slander was dismissed with an order that I should pay all costs and legal fees is incorrect because suggests the issues underlying this lawsuit have been finally resolved before the Croatian courts which is not the case. The fact of the matter is that although the lawsuit in question was dismissed by the Appeal Court after being two times remitted back to the first instance from the Appeal Court, the decision of the Appeal Court forms the subject of a pending complaint which I submitted to the Croatian Constitutional Court on April 14th 2014. I have also lodged an appeal concerning the matter of costs which is likewise pending. Finally, there is a pending criminal complaint in which I challenged the veracity of the testimony provided by a witness who gave evidence in Mr. Topić’s favour and on which the impugned judgment relied. From these facts it should be evident that legal proceedings in relation to the above lawsuit are still ongoing before the Croatian courts and have not yet been resolved in a final manner contrary to what is implied by the above-mentioned statement of Mr. Topić.

I would be grateful if you could arrange for my response to be published in a suitable format and linked to the original article.

Stilin’s letter is framed as a rebuttal, but it actually serves to reinforce some of the other things published in the original article. Stilin preceded her article with the following words: “this letter is published under the legal right of reply of an individual referenced in a previous article published in Intellectual Property Watch. It is published upon her request.”

Being a statement from Stilin herself, we deem it quite an accurate representation of the Željko Topić affair. In the coming weeks we are going to publish more material highlighting what happened in SIPO and the role played by Željko Topić.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Links 26/4/2019: Best GNU/Linux Laptops and More

    Links for the day



  2. Research Into Who's Putting DRM Inside Linux

    Back doors may be hard to detect (requires understanding a lot of underlying code), but how about malicious 'features' or antifeatures that are put in the kernel to serve Hollywood at the expense of the kernel's users?



  3. "Dia da Liberdade" in Portugal -- Wilted Carnations in EPOnia

    "Reliable sources report that the discontent continues to simmer among the EPOnian peasantry and that the steam is slowly but inexorably building up inside the pressure cooker," tells us a guest writer



  4. The Quality of Patents is Connected to the Quality of Life of Patent Examiners

    EPO staff is not happy (a new President has not changed things) and the problems associated with low quality of patents become more visible in courtrooms



  5. American Patent Courts Keep Narrowing Patent Scope, No Matter What Few Politicians Are Doing on Behalf of Litigation Firms and Patent Trolls

    Acts of desperation in the patent microcosm of the United States, where judges now overwhelmingly reject software patents at all levels (tribunals, lower courts, higher courts)



  6. Links 25/4/2019: Rancher Labs Releases Slim OS, OpenBSD 6.5 is Ready

    Links for the day



  7. Links 24/4/2019: Chrome 74, QEMU 4.0 Released

    Links for the day



  8. Supreme Court of the UK, Which Habitually Throws Out European Patents, May Overturn Troublesome Unwired Planet v Huawei Decision

    A lot of European Patents are facing growing scrutiny from courts (Team UPC, including Bristows, publicly complains about it this month) and "greenwashing" of the Office won't be enough to paint/frame these patents as "ethical"



  9. German Federal Patent Court Curbs the Patent Maximalism of the EPO, Which Promotes Patents on Nature and/or Maths Every Single Day

    European courts are restraining the EPO, which has been trying to bypass or replace such courts (with the UPC); it certainly seems as though European Patents rapidly lose their legitimacy or much-needed presumption of validity



  10. Any 'Linux' Foundation Needs to Be Managed by Geeks, Not Politicians and PR People

    Linux bureaucracy has put profits way ahead of technical merits and this poses a growing threat or constitutes risk to the direction of the project, not to mention its ownership



  11. Links 23/4/2019: Kodi 'Leia' 18.2 and DeX Everywhere

    Links for the day



  12. Code of Coercion

    Entryism is visible for all to see, but pointing it out is becoming a risky gambit because of the "be nice!" (or "be polite!") crowd, which shields the perpetrators of a slow and gradual corporate takeover



  13. António Campinos Would Not Refer to the EPO's Enlarged Board of Appeal If He Did Not Control the Outcomes

    António Campinos and his ilk aren’t interested in patent quality because his former ‘boss’, who publicly denied there were issues and vainly rejected patent quality concerns as illegitimate, is now controlled by him (reversal of roles) and many new appointees at the top are "yes men" (or women) of Campinos, former colleagues whom he bossed at EUIPO (as expected)



  14. Links 22/4/2019: Linux 5.1 RC6, New Release of Netrunner and End of Scientific Linux

    Links for the day



  15. USPTO and EPO Both Slammed for Abandoning Patent Quality and Violating the Law/Caselaw in Order to Grant Illegitimate Patents on Life/Nature and Mathematics

    Mr. Iancu, the ‘American Battistelli’ (appointed owing to nepotism), mirrors the ‘Battistelli operandi’, which boils down to treating judges like they’re stooges and justices like an ignorable nuisance — all this in the name of litigation profits, which necessitate constant wars over illegitimate patents (it is expensive to prove their illegitimacy)



  16. IRC Proceedings: January 27th, 2019 – March 24th, 2019

    Many IRC logs



  17. IRC Proceedings: December 2nd, 2018 – January 26th, 2019

    Many IRC logs



  18. Links 21/4/2019: SuperTuxKart's 1.0 Release, Sam Hartman Is Debian’s Newest Project Leader (DPL)

    Links for the day



  19. The EPO's Use of Phrases Like “High-Quality Patent Services” Means They Know High-Quality European Patents Are 'Bygones'

    The EPO does a really poor job hiding the fact that its last remaining objective is to grant as many European Patents as possible (and as fast as possible), conveniently conflating quality with pace



  20. A Reader's Suggestion: Directions for Techrights

    Guest post by figosdev



  21. Links 20/4/2019: Weblate 3.6 and Pop!_OS 19.04

    Links for the day



  22. The Likes of Chartered Institute of Patent Attorneys (CIPA), Team Campinos and Team UPC Don't Represent Europe But Hurt Europe

    The abject disinterest in patent quality and patent validity (as judged by courts) threatens Europe but not to the detriment of those who are in the 'business' of suing and printing lots of worthless patents



  23. The Linux Foundation Needs to Change Course Before GNU/Linux (as a Free Operating System) is Dead

    The issues associated with the Linux Foundation are not entirely new; but Linux now incorporates so many restrictions and contains so many binary blobs that one begins to wonder what "Linux" even means



  24. Largest Patent Offices Try to Leave Courts in a State of Disarray to Enable the Granting of Fake Patents in the US and Europe

    Like a monarchy that effectively runs all branches of government the management of the EPO is trying to work around the judiciary; the same is increasingly happening (or at least attempted) in the United States



  25. Links 19/4/2019: PyPy 7.1.1, LabPlot 2.6, Kipi Plugins 5.9.1 Released

    Links for the day



  26. Links 18/4/2019: Ubuntu and Derivatives Have Releases, digiKam 6.1.0, OpenSSH 8.0 and LibreOffice 6.2.3

    Links for the day



  27. Freedom is Not a Business and Those Who Make 'Business' by Giving it Away Deserve Naming

    Free software is being parceled and sold to private monopolisers; those who facilitate the process enrich themselves and pose a growing threat to freedom in general — a subject we intend to tackle in the near future



  28. Concluding the Linux Foundation (LF) “Putting the CON in Conference!” (Part 3)

    Conferences constructed or put together based on payments rather than merit pose a risk to the freedom of free software; we conclude our series about events set up by the largest of culprits, which profits from this erosion of freedom



  29. “Mention the War” (of Microsoft Against GNU/Linux)

    The GNU/Linux desktop (or laptops) seems to be languishing or deteriorating, making way for proprietary takeover in the form of Vista 10 and Chrome OS and “web apps” (surveillance); nobody seems too bothered — certainly not the Linux Foundation — by the fact that GNU/Linux itself is being relegated or demoted to a mere “app” on these surveillance platforms (WSL, Croûton and so on)



  30. The European Patent Office Does Not Care About the Law, Today's Management Constantly Attempts to Bypass the Law

    Many EPs (European Patents) are actually "IPs" (invalid patents); the EPO doesn't seem to care and it is again paying for corrupt scholars to toe the party line


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts