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

10.06.15

Željko Topić Attacks EPO Staff for ‘Daring’ to Legally Challenge the EPO’s Management Over Its Gross Abuses in Europe

Posted in Europe, Patents at 3:08 pm by Dr. Roy Schestowitz

“I hope that German police will arrest this corrupt Balkans gangster [Željko Topić] and transfer him to Croatia for trial soon” –Rikard Frgačić, an early victim of Topić (in Croatia)

Summary: Benoît Battistelli’s right-hand man, Željko Topić, is under the false impression that yet more threats against staff of the EPO will help contain the crisis rather than further inflame it

Željko Topić must never have heard of or learned about the Streisand Effect. He and his circle of bullies (which includes several people and is headed by Battistelli) just don’t know a thing about crisis management.

Topić is finding himself in the shoes of Richard Nixon (recall Watergate), falling deeper into the mud at every step as he attempts to cover up the abuses, usually with even worse abuses than before.

Based on this letter just published by IP Kat, Topić and by extension the EPO’s management as a whole decided continue with aggression, having refused to conduct some kind of peace negotiations with the union.

“Topić has quite a history bullying his critics in his home country, Croatia, only to formally lose against them (after costing them a lot of money, agony, and several years in court.”The management’s aggression shows poor taste and zero tact. Over the past year or two the name of the EPO have been associated with negative things and the reputation is thoroughly tarnished; rather than respond politely and calmly the management chose to become even more aggressive, proving and at times further legitimising their critics’ gripes. So they really think that more threats are going to be constructive and actually help end the revolt? Of course it is only going to inflame (and get involved) more members or staff and ultimately serve to discredit the abuser, proving yet again that this circular and wide-ranging cycle of gagging/muzzling/censorship by retribution (or threats thereof) remains impractical and counterproductive. It doesn’t even work because despite threats from Battistelli, SUEPO is back to publicly posting new material today (see the SUEPO site for updates).

Topić has quite a history bullying his critics in his home country, Croatia [1, 2, 3], only to formally lose against them (after costing them a lot of money, agony, and several years in court [1, 2, 3, 4]). Strategic lawsuit against public participation, or SLAPP, is what this strategy is best known as.

Here is the latest from Topić and Raimund Lutz, another member of Battistelli’s mob:

Your rights
02.10.2015 
To all staff 
It has been recently brought to our attention that colleagues who turn to SUEPO for their pending legal cases against the Office are asked by SUEPO to sign a standard agreement in order to obtain financial support for the lawyer’s fees. 
Out of its duty of care towards EPO employees, the Office requested an external legal advice to assess the conformity of this agreement to the applicable national law and has concluded that it does not fulfil the required standards of legality. 
Unions may be entitled to provide legal support to colleagues and to propose standard contracts to that effect. However, such contracts must comply with the applicable law and basic fundamental rights as recognised in all European countries and under general principles of law. 
More specifically, several clauses of this agreement seem to be against good faith and/or national law under which such contract is signed and are thus unlawful and void. 
For example, Article 13 of the agreement reads as follows:

‘Where an external lawyer has been retained, as defined above,

  • (a) The Applicant shall at all times entrust the whole procedure to the lawyer, either directly or through SUEPO’s Legal Advisor.
  • (b) The Applicant shall at no time communicate directly with the Office on matters concerning the litigation without the prior and express approval of the external lawyer or the Legal Advisor.
  • (c) If the Applicant fails to meet the two requirements (a) and (b) above, financial aid by SUEPO may be revoked at any time and stage of the procedure.’
This standard clause prohibiting the staff member from communicating with the administration and therefore from taking any steps without requesting the express prior permission of SUEPO or SUEPO’s lawyers restricts unlawfully the staff member’s freedom of self-determination of his/her own case, infringes basic principles of the Law on general terms and conditions of employment, restricts his/her freedom of communication and constitutes an infringement of basic rights of occupational freedom in a dubious way. 
In case such unlawful clauses are used to block the possibility of amicable settlement or to exercise pressure to file further unjustified or unwanted litigation, this could be considered detrimental to the general interests of justice as well as an infringement of basic human rights of the staff member.
As a result, staff may consider contesting such contracts as void. 
In view of the above, the Office recommends staff to check with independent external lawyers of their choice the specific agreements they are asked to sign before doing so. 
If staff members are already engaged under such contract, they are in the same way and to the same extent also invited to check the lawfulness of the invoicing (proportionality of invoice against services, applicable fees under national law) as cases of overcharged legal fees/ invoices came to the attention of the Office. 
The Office’s services remain at the staff’s disposal for confidential consultation in case colleagues have already signed such documents and are not certain about the exact legal and financial obligations they have assumed from them. In such a case please contact the Conflict Resolution Unit.
 
Željko Topić
Vice-President DG 4
 
   Raimund Lutz
   Vice-President DG 5

As Merpel points out, “the EPO urges its litigious colleagues to take great care to guard against the breach of its human rights by staff union SUEPO. Both real and fictional Kats have memories that are admittedly fallible, but Merpel has this vague recollection that EPO’s concern for human rights has been demonstrated more vividly by its defiance of them than by their protection. Was this organisation not called to account earlier this year by a Dutch court, in a judgment that the EPO ignored, trumpeting its immunity from national law? Yet it is the very same national law to which the EPO now, extraordinarily, turns.”

Watch this space for follow-ups as so far this month we have been writing about the EPO more than once per day. It’s only getting worse for them by the day. Battistelli’s EPO is a force of occupation (by corporate interests), much like TPP. People are clever enough to see this and there is hard evidence becoming available. If any of our readers has the EPO’s “Closer contacts with major applicants” document, please consider anonymously leaking it to us. We have some important articles on the way.

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. It Matters a Lot What You Call the System

    Why the best name for the best operating system would be "GNU", not "Linux" (media has twisted the words so as to marginalise GNU and its politics/philosophy)



  2. Only the EPO Goes as Far as Bribing Publishers (the Media) to Promote Software Patents and Publish Fictional Stories

    The world’s patent offices are growing tired of granting software patents which courts later toss out (because these patents are not valid); not only does the EPO advocate such patents — typically using a bundle of buzzwords — it’s also bribing the media to help



  3. EU Needs to Show That It Cares About SMEs and Not 'European Champions' That Are Actually Foreign Monopolies

    Judging by the EU’s nearly blind and unconditional support for the management of the EPO — no matter how abusive and corrupt it has gotten — one has to wonder if the ex-EU official in charge of the EPO reveals a profound democracy deficit as well as growing dangers to Europe’s businesses — the productive firms to which patent maximalism often represents far more risk than opportunity



  4. Guest Article: The Free Software Movement Should Come Out From the Box

    "From now onwards we have to think from a user’s rights perspective and mobilise users of Free software. They should know what rights they ought to get."



  5. IRC Proceedings: Friday, December 13, 2019

    IRC logs for Friday, December 13, 2019



  6. Links 13/12/2019: QEMU 4.2.0, GNU Guile 2.9.7

    Links for the day



  7. Links 13/12/2019: Zorin OS 15.1, Vim 8.2

    Links for the day



  8. Linux Foundation Has Outsourced All the Licence Compliance Stuff to Microsoft, a Serial GPL Violator

    OpenChain Specification/OpenChain Project and Automated Compliance Tooling (ACT) are yet more examples -- the latest of many -- of the Linux Foundation being outsourced to Microsoft, not only for code but also documentation and hosting



  9. IRC Proceedings: Thursday, December 12, 2019

    IRC logs for Thursday, December 12, 2019



  10. Copyleft: Keeping Code Free

    Now that news about "Linux" is dominated by promotion of proprietary software we ought to remember what perpetrators of such a strategy seek to eliminate



  11. Plans That Worked, Plans That Failed

    "I am still looking for good news, but the more good I try to find, the more nastiness I uncover. This is by far, Free software's worst year ever. 2019 Sucks!"



  12. Links 12/12/2019: KDE Applications 19.12, Qt Creator 4.11, New VirtualBox

    Links for the day



  13. Brand Dilution in Action

    Microsoft's proprietary software which spies on people and businesses is getting a "free ride" on the "Linux" brand; and nobody seems to care, nobody seems to notice how perverse that it



  14. At the EPO Money -- Not Quality -- is King

    Financiers are ruining quality



  15. The EPO's Strategic Failure 2023

    Potemkin social dialogue



  16. IRC Proceedings: Wednesday, December 11, 2019

    IRC logs for Wednesday, December 11, 2019



  17. EPO Promoting Software Patents in Countries Where These Are Illegal

    The EPO's vision of 'unitary' software patents (patents on algorithms in countries that disallow such patents, as per their national laws) won't materialise, but in the meantime a lot of Invalid Patents (IPs) are granted in the form of European Patents (EPs) and this is wrong



  18. We Support GNU and the FSF But Remain Sceptical and Occasionally Worry About an RMS-less FSF

    Richard Stallman (RMS) is not in charge of the FSF anymore (it's Stallman who created the FSF) and there's risk the decisions will be made by people who don't share Stallman's ethics or the FSF's spirit



  19. Links 11/12/2019: Huawei Lobbied by Microsoft (Because of GNU/Linux) and Microsoft Still Googlebombs Linux to Promote 'Teams'

    Links for the day



  20. Links 11/12/2019: Edge Native Working Group, CrossOver 19.0 Released

    Links for the day



  21. Instead of Fixing Bug #1 Canonical/Ubuntu Contributes to Making the Bug Even More Severe (WSL/EEE)

    Following one seminal report about Canonical financially contributing to Microsoft's EEE efforts — celebrated openly by GNU/Linux opponentsclosing bug #1 Ubuntu basically decided not that it was fixed but that it would no longer attempt to fix it (“wontfix”)



  22. IRC Proceedings: Tuesday, December 10, 2019

    IRC logs for Tuesday, December 10, 2019



  23. Today's Example of Microsoft's Faked 'Love'

    “On 7 September 2017, users began noticing a message that stated “Skype for Business is now Microsoft Teams”. This was confirmed on 25 September 2017, at Microsoft’s annual Ignite conference,” according to Wikipedia



  24. Links 10/12/2019: Kubernetes 1.17, Debian Init Systems GR

    Links for the day



  25. 'Cancel Culture' as 'Thoughtpolice' Creep

    Richard Stallman spoke about an important aspect of censorship more than 2 decades ago (before “Open Source” even existed); it was published in Datamation (“Censoring My Software”) 23 years before a campaign of defamation on the Internet was used to remove him from MIT and FSF (censoring or ‘canceling’ Stallman himself)



  26. Microsoft Still Hates GNU/Linux and Mark Shuttleworth Knows It (But He is Desperate for Money)

    We're supposed to believe that a PR or image management (reputation laundering) campaign alone can turn Microsoft from GNU/Linux foe into friend/ally



  27. Actions Against EPO Corruption and Unitary Patent (UPC) Injustice/Lobbying

    The EPO is apparently going on strike again and an action against the UPC is scheduled for later this week (protest in Brussels)



  28. “The Fifth Freedom as a Meme”

    The issue with systemd (or SystemD) has provoked or at least stimulated discussions about the limits of the famous Four Freedoms



  29. IRC Proceedings: Monday, December 09, 2019

    IRC logs for Monday, December 09, 2019



  30. Demonstration Against Unitary Software Patents, Thursday 12 Dec in Brussels

    FFII's call to demonstrate against the UPC


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

Recent Posts