Bonum Certa Men Certa

EPO Silencers of the Media - Part IV: Response to SLAPP Tactics From EPO Vice-President Željko Topić

MoU signed by Bergot
From left to right: Željko Topić, Benoît Battistelli, and Elodie Bergot



Summary: Point-by-point rebuttal to a strategic lawsuit filed by Željko Topić to chill and silence media that covers scandals associated with him

THE ABOVE IMAGE demonstrates a lot of what's wrong at the EPO, especially the management. It's cliquish and resistant to any form of dissent/criticism. It's intolerant of truth itself. As we explained a couple of days ago, Mrs. Bergot's husband has just been promoted by Battistelli (both pictured above) to a top position ('succession') and Topić (also pictured) continues to be their 'bulldog'. In part 1, part 2 and part 3 we explained the role these three people have played in attacking the media or bribing the media. In Croatia, as we showed in the previous part, the EPO was willing too use that liar, Mrs. Bergot, as a witness. What a rogue institution. It's just trying to protect its image in the face of serious abuses.



Today we deal with a reply to the SLAPP action, initiated by Mr. Topić a couple of years ago. Here is the cover page.

Tjedno reply



Here is our explanation in English.




The respondent in the Zagreb SLAPP case Pn-195/15 is Udruga Pisac i Novinar ("Association of Writers and Journalists") which is the publisher of the news portal Tjedno.hr.

The respondent is represented by the Zagreb law firm Farčić & Å arušić and its reply to the complaint of 19 January 2015 was submitted to the Municipal Civil Court of Zagreb in May 2016.

In the reply the respondent stated that it opposed the lawsuit and the plaintiff's claims in their entirety and it contested the factual allegations on which the lawsuit is based.

The respondent started off by pointing out that the disputed article of 18 October 2014 entitled "Laži Željka Topića u Munchenu" ("The Lies of Željko Topić in Munich") referred to an article previously published on 15 May 2014 by the international Geneva-based journal Intellectual Property Watch (IPW) and to the associated "Right of Reply" by Vesna Stilin published on 6 October 2014.



It was noted that the IPW article raised questions about the suitability of the plaintiff (Topić) for his current position at the European Patent Organisation and also raised questions about his previous position as Director of the Croatian State Intellectual Property Office (DZIV).

Concerning the claim that Topić had appeared before the Municipal Criminal Court of Zagreb at a hearing held on 29 September 2014 "solely as a prosecutor" it was noted that at the same court, Topić had also been the defendant in a prosecution initiated by the former Assistant Director of the DZIV responsible for copyright and related rights in a previously filed procedure under no. K‑163/09. An attempt to merge the lawsuit against Topić with the later-filed counter-suit in which Topić unsuccessfully attempted to prosecute the former Assistant Director (K-26/11) was rejected because the procedures were at different stages due the gap in the filing dates. If the article created an impression that the plaintiff was subject to a criminal proceedings then the respondent considered this to correspond to the truth.

With respect to the allegations about the bribery of the former Minister (Dragan Primorac), the respondent referred to the Judgment of 26.01.2015 of the Municipal Criminal Court of Zagreb (no. 7 K-26/11) from which it is evident that there was a discussion of the alleged bribery during the court proceedings. Nothing in the published articles went beyond what had been discussed in the context of the court proceedings. Further evidence was submitted to support the claim of unlawful conduct on the part of the plaintiff (Topić), including two responses from the Croatian Government to the former Assistant Director of the DZIV in which the Croatian Government took the position that the plaintiff did not have authorisation for his actions (i.e. the procurement of an official vehicle for the use of the Minister).

Concerning Topić's claim that he had privately acquired an official Mercedes in a lawful manner, the respondent referred to correspondence between the former Assistant Director of the DZIV and the Head of the Croatian Government and the Office of the Public Prosecutor's Office, from which it is apparent that the allegation of misconduct on the part of Topić was a matter of interest for the Public Prosecutor.

Referring to Topić's claim that a statement in the disputed article of 18 October 2014 relating to criminal charges for "unlawful changes in the structure of the state administration" was unfounded and solely intended to harm him, the respondent noted that the phrase in question had been used in correspondence with the County Public Prosecutor's Office in which criticism had been expressed of the protracted and ineffective manner in which criminal investigations against the plaintiff were being conducted. It was pointed out that Topić himself had stated that the authority to decide on the structure of the state administration bodies lies with the Croatian Government and the respondent submitted a letter of the Croatian Government to the state administration bodies along with other evidence related to the initiation of official investigations relating to Topić and his conduct during his time as Director of the DZIV.

Concerning the allegations about Topić's masters degree certificate, the respondent noted that the matter had been the subject of discussion after the supervisory Ministry of Science, Education and Sports received an anonymous letter claiming to be from former student colleagues at the Faculty of Economics of the University of Banja Luka, Republic of Srpska. The matter was subsequently investigated in more detail by a research journalist, who carried out a detailed analysis of the disputed master's degree certificate. The journalist observed an unusual disproportion in the 12-year gap between the defence of the master thesis titled "Place and role of marketing research in the process of making investment decisions" and the award of the diploma itself. It was also noted that the plaintiff's Curriculum Vitae described the degree as "Master of Business Administration" and it was claimed to have been awarded as a result of "Inter-University Postgraduate Study, Banjaluka-Zagreb-Belgrade-Sarajevo-Maribor 1989".

http://www.mie.org.hu/aippi/topiccv.htm (we have made a local copy [PDF])

Despite its efforts the respondent could not find any record of such an inter-university postgraduate study program.

The respondent emphatically rejected the plaintiff's allegation that it had systematically conducted a campaign against him. It was submitted that it had to be presumed that persons in certain positions such as the plaintiff, whether as Director of the DZIV or as Vice-President of the EPO, are under public scrutiny. Judicial proceedings, whether civil or criminal, conducted against the plaintiff by a number of people inside and outside the DZIV give rise to legitimate public interest.

Not only the respondent but also a number of other media both domestic and foreign had reported on the "Topić Affair". The respondent is not the only journalist against which Željko Topič has tried to bring private prosecution charges for defamation.

The respondent rejected the claims that the disputed article of 18 October 2014 was conceived as sensationalist and contained untrue, defamatory and offensive allegations. The information in the article was obtained from official documents of state administration bodies, international institutions and other sources close to the DZIV and the EPO. The respondent noted that despite his allegations of defamation over a lengthy period, the plaintiff had not previously challenged other articles listed in the complaint.

The respondent disclaimed all responsibility for the translation and publication of its articles on other portals and stated that it had never sent or targeted distribution of its material to other portals. According to the terms of the Media Act anybody is free to refer to an article published online by citing the source and providing a link to the original article.

Referring to Topić's claim that his appointment as Vice-President of EPO by the EPO Administrative Council was an international recognition for his work, the respondent pointed out that during the procedure leading to his appointment the plaintiff had apparently withheld information about criminal proceedings against him from the EPO Administrative Council as well as from the President of the EPO who proposed his appointment.

It was also noted that in a secret ballot held in March 2014 at the Hague branch of the EPO there had been thousands of "no" votes expressing a lack of confidence in the plaintiff (Topić), as well as the President of the EPO Benoît Battistelli and the Principal Director of Human Resources, Elodie Bergot, who has been proposed by the plaintiff as a witness. EPO employees had been striking for months to show dissatisfaction with the EPO management including the plaintiff.

The respondent disclaimed any responsibility for alleged problems relating to the private and family life of the plaintiff.

The respondent concluded its written submission by repeating that it contested the plaintiff's claims in their entirety and it requested the court to dismiss the case with an award of costs against the plaintiff.

Recent Techrights' Posts

Still Lots of IBM Departures
It's not that we lack evidence of IBM layoffs. It's just that we have ample evidence of the press not doing its job (or barely existing anymore).
The Register MS Standards: Promote a Ponzi Scheme in Exchange of Money
Once upon a time it was a serious publisher. Months ago it was taken over by a Microsoft person.
Dr. Andy Farnell: Time to Pull the Plug?
insightful, as usual
The Slopfarms' Business Case (or Business Model) Never Existed and Nowadays, in 2026, They've Mostly Collapsed
Hopefully by year's end many slop suppliers will be offline and slopfarms that rely on them throw in the towel
 
Teaser: The Next Series About the SRA, Which Would be Just as Effective as It It Right Now If It Had Zero Employees
the lapdog (of the "litigation industry") that is meant to be perceived as a watchdog
Richard Stallman, Founder of the Free Software Movement, Will be Giving Public Talk in Bern (Switzerland) in Less Than 12 Days
We are still doing a series about him and his talks
Slopfarms' Demise Looks Like the Beginning of the End (Lowered Demand for Slop)
Slop about "Linux" has gotten hard to find this past week
Links 28/02/2026: "Tehran’s Two-Tiered Internet", "Internet Under Fire"
Links for the day
Cult inquiry: Parliament of Victoria, last chance to have your say
Reprinted with permission from Daniel Pocock
When an Entire News Site is About One Topic (and One Topic Only)
Tomorrow we start a new series for the new month
Links 28/02/2026: Bill Epsteingate Admits Sex With Young Girls, "Epstein Files Are the Horror That Keeps on Giving"
Links for the day
IBM: Where Companies Come to Perish
thelayoff.com is censoring stories
Tech Layoffs Are Not Because of Slop, They're an Effect of a Rotting Economy and Tech Giants Being Too Deep in Debt
Block is rapidly sinking in debt
March in London Today Against Slop's Harms to Society (and the Environment), Starting at 12:00 GMT at the Microsoft OpenAI Office
Today there is a protest in London (UK)
Microsoft Mass Layoffs Have Officially Resumed, Microsoft's Waggener Edstrom/Frank Shaw Lied
"The former employees say this was a mass layoff"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 27, 2026
IRC logs for Friday, February 27, 2026
Links 27/02/2026: Block Cuts 40% of Its Workforce While Blaming Ponzi Scheme, Netflix Backs Out of Bid for Warner Bros.
Links for the day
IBM CEO and CFO Make It Hotter in the Kitchen
Who's gonna leave the kitchen while they cook the books?
Gemini Links 27/02/2026: Unlearning Literacy (Slop) and Firefox as Slop-ware
Links for the day
It Looks Like Linux Chief Linus Torvalds Made a Good Call Regarding Kent 'Slop' Overstreet
Having never met or even chatted to Overstreet, I'm not in a position to judge him
Links 27/02/2026: Slop Incompatible With Nuclear Codes, Chinese Slop "Chatbots Censor Themselves"
Links for the day
Please Report the European Patent Office (EPO) to Europol for Cocaine Abuse and Tampering With Witnesses and Media to Hide This Cocaine Abuse
there are already police reports connected to the matter
Like a Mafia: Kris De Neef and Nellie Simon, Who Help Campinos Cover Up Cocainegate at the EPO (Substance Abuse at the Highest Office), Are Bullying EPO Whistleblowers
They're all in this together [...] At this point, undoubtedly, the EPO is run like an organised crime operation. Nothing more, nothing less.
pulltheplug.uk Says the Internet Harms Us, Will March in London Tomorrow
Maybe the site is down due to high access demand
EPO Management Trying to Hide Cocainegate, Silence/Discredit Whistleblowers, and Probably in a Panic Due to the Strikes
At the moment, Johannes' mates are receiving over 100,000 euros as a reward for doing illegal drugs
Jim Zemlin's 'Linux' Foundation is the Real Link Between Linux and Pedophilia
It's about the deeds, not the words
The GNU Manifesto Turns 41 in March (Next Week)
And RMS turns 73 next month
The Sister Site is Still Improving the Static Site Generator (SSG) We Use in Techrights
We have a common mission and every week we make measurable advancements
Techrights is 100% Disconnected From Cheeto's America, the Problem is Hired Guns in London Helping Violent Americans Attack Us Domestically
Not a new problem, not limited to us
Greenland Needs to Disconnect From United States Tech to Protect Its Independence
The more Greenland protects itself from Social Control Media, the more robust or resilient it'll be to regime change
Open Source Endowment (OSE) Looking to Raise Money for Free Software, But It's Hard to Know who Runs the Open Source Endowment Foundation
Their Web site does not (easily) show who the Board of Directors includes
Apple Doesn't Want Anybody to Ask What Happened to Vision Pro
They lost a lot of money
Solicitors Regulation Authority (SRA) on Slop and Breach of Confidentiality
They should absolutely not ignore this
If You Want More Verifiable (Auditable) Security, Use GNU Linux-Libre
GNU/Linux will never be 100% secure
Microsoft XBox Can't Stop Talking About Slop
Will we see more "prepared" (under embargo) Microsoft propaganda released simultaneously at 9PM tonight?
Rust Will Not Inherit the Earth, It Barely Deserves a Place on the Planet
Rust - like Haskell and many other short-lived fetishes - will come and go
Truth Versus Fiction: IBM's Collapse Due to Money Crunch, Not Slop Disguised as Code
core issue is financial
Almost 5,000 Known Gemini Capsules
It is now just 98 short of 5k
Priceless leaks found in crowdfunding campaign
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 26, 2026
IRC logs for Thursday, February 26, 2026
[Video] "New RMS [Richard Stallman] Positive Media" Reaches Millions of Viewers This Week
Assuming 5+ million people will watch this on the first week, that's good publicity for the Free software movement
Another Quiet Slop Day Passes By
the number of slopfarms we can locate/track is fast decreasing
Gemini Links 26/02/2026: Sending a Thesis and Lupa/Onion ("Lupa now lists Gemini .onion addresses")
Links for the day
Links 26/02/2026: Bcachefs Man Bonkers, "Seven Journalists Convicted for Taking Photos at Courtroom"
Links for the day
Links 26/02/2026: "Peak Mental Sharpness" and "The Whole Economy Pays the Amazon Tax"
Links for the day
If You Value Privacy, Follow the Likes of Eben Moglen, Phil Zimmermann, and Richard Stallman, Not Back Doors' Boosters Who Mislabel Themselves as Security Experts
Signal is not really secure
"Community" Site Deleted by Jeffrey Epstein-Connected 'Linux' Foundation Had Interview Where Eben Moglen Spoke of GPLv3 and of DRM, Back Doors Etc.
Deleting what happened or what was said two decades ago
Richard Stallman (Free Software Foundation) and Eben Moglen (Columbia Law School) Explained 25 Years Ago That Proprietary Software (and Proprietary Firmware) Would Lead to Back Doors
a fortnight after the 9/11 terror attacks in the US
Writer's Block is Not a Problem to Us, Only a Lack of Time
Or timewasting by aggressive militants who try to silence us [...] People who experience writer's block very often find it depressing (it feels unproductive) and sometimes come to the conclusion that perhaps writing isn't for them
Giving to the Community Versus Taking From the Community (or Worse, Attacking the Community)
some people bring no contributions, only harm
LLM Slop Will Try to 'Rewrite' History of UNIX and GNU/Linux
We occasionally see slopfarms spreading misinformation about UNIX, GNU, and Linux
March Plans for Techrights
next month we plan to start the series about how the SRA failed
Where Does the Solicitors Regulation Authority (SRA) Stand on Machine-Generated Legal Documents and Copy-pasting One Client's Lawsuit to Start Another (for American Serial Strangler)?
Now that many law firms cheat (copypasta, paper DOoS, LLM slop, breaches of rules, even defaming the other side) the SRA cannot keep up
Of Course Android is Not Free Software
That Android is not about freedom should not be so shocking
Talking About Blackboxes
Having just reposted a couple of articles from Alex Oliva
Microsoft Slop is Already Killing XBox
Microsoft will fail at alleviating such concerns
Two Weeks Have Passed and It Looks Like Conde Nast's Ars Sloppica Sacked "Senior" "AI" "Reporter" Benj Edwards But Did Not Remove All His LLM-Produced 'Articles'
the editorial standards at Conde Nast's Ars Sloppica are a joke
Alex Oliva (GNU Linux-Libre): Stricter is Less Popular
Reprinted with permission from Alex Oliva
Fraud and Crimes at Microsoft
A lot of these American companies simply cheat and even bribe
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 25, 2026
IRC logs for Wednesday, February 25, 2026
FSF's Alex Oliva on Hardware Black Boxes
Reprinted with permission from Alex Oliva