Bonum Certa Men Certa

How the EPO's Executive Branch (Battistelli and Topić) Banned Scrutiny and Created Authoritarian Model of Control: Part X

Berlin views



Summary: A look at highly dubious moves by EPO President Battistelli and his right-hand man Topić, whose abuses are becoming hard to oversee or even report

EARLIER this month we asked European readers lodge complaints about EPO management that continues a long tradition of abuse. Some new sources have since come forward and provided us with more information about corruption, so this series will go on and on, lasting until next year. We welcome more whistle-blowers and informed sources to come forward if they know something that we have not yet covered and we, in return, promise anonymity.



Staff that has been involved in rogue practices would obviously like to prevent colleagues (and the public) from finding out about it. Today we would like to present Topić's letter regarding data protection [PDF] and the accompanying body of text [PDF], signed by Benoît Battistelli, who himself has a lot to hide (for reasons we covered beforein numerous parts). An annotated document [PDF] is added, with highlighted text that reveals how Topić and Battistelli worked to prevent investigation of the EPO, essentially banning people from speaking to the press, conducting an audit, investigation, etc. Clearly, the Data Protection Guidelines at the EPO are of interest if one wishes to understand the lack of scrutiny and the lack of communication with the press. The corporate media largely abstained from covering very serious issues that are known but nobody really wishes to talk about. The EPO is corrupt. It's a secretive institute, by design. Staff are actively discouraged from informing the public. Now, let's dig a little deeper.

First of all a little bit of legal background.

Under Article 33(2)(b) EPC, the legislative competence to amend the EPO Service Regulations (i.e. the set of rules governing conditions of employment etc.) lies with the Administrative Council (AC). To quote The European Patent Convention: “The Administrative Council shall be competent, in conformity with this Convention, to adopt or amend: [...] (b)the Service Regulations for permanent employees and the conditions of employment of other employees of the European Patent Office, the salary scales of the said permanent and other employees, and also the nature of any supplementary benefits and the rules for granting them”

In plain English, this means that any changes to the Service Regulations are supposed to be subject to the oversight and scrutiny of the AC.

What Battistelli has done during his presidency is an introduction of certain wide-ranging internal measures by means of “Circulars” which are basically unilaterally-enacted Presidential decrees that have never been subject to any scrutiny or oversight by the AC. Not surprisingly, Battistelli is again imposing an authoritarian code of conduct inside the EPO.

One of these measures was Circular No. 342, the so-called “Investigation Guidelines” which effectively give the EPO President dictatorial powers to unilaterally initiate so-called “investigative processes”. He can even initiate “investigative processes” against senior EPO employees who have been appointed by the AC under Article 11 EPC.

Refer to the European Patent Convention which covers this in more details. In such cases he doesn’t even have to inform the individual concerned or the appointing authority (i.e. the AC) that an investigation has been initiated.

Circular 342 was never presented to the AC for approval. It was unilaterally enacted by Battistelli. This is again the hallmark of authoritarian reign. Of course this action on his part is completely illegal or “ultra vires” to use the appropriate legal jargon. The fact of the matter is that the AC no longer exercises any effective oversight over the President.

Whether this is due to stupidity or corruption, or maybe a combination of both, is an open question which we will not attempt to answer. Furthermore, challenges to these measures by EPO staff have to go to the ILOAT in Geneva which is completely clogged up. The current time required to process a case at the ILOAT has been estimated as 12-15 years. So staff can complain all they like about what Battistelli does but there is no longer any effective legal redress available to challenge unlawful acts by the EPO President.

The system of legal redress has become completely dysfunctional.

This state of affairs has led to some national courts starting to call the EPO’s jurisdictional immunity into question.

New DPGs at the EPO

Now let's get back to the DPGs.

The most recent amendment of the EPO DPGs was announced by Mr. Topić on 2 April 2014 (see the PDF above). By a curious twist of irony, these Guidelines entered into force on 1 April 2014.

Although the EPO DGs pay lip-service to EU Data Protection Regulations, they are in fact much weaker. Under the EPO DPGs, all power is ultimately concentrated in the hands of the President.

For example look at Article 8, “Transmission to recipients outside the European Patent Organisation”. According to Article 8(4): “In cases of doubt, the President decides on the adequacy of the protection afforded by the relevant country or international organisation.”

According to the DPGs there is a Data Protection Officer (DPO) who enjoys "independence". But this "independence is only nominal, i.e. it only exists on paper, because the DPO is a normal member of EPO staff appointed by the President and thus de facto under the control of the President.

There is no independent supervisory entity such as the European Data Protection Supervisor which exists under the EU Data Protection framework.

But there is an even more sinister aspect to the new DPGs which doesn’t get any mention in Topić’s announcement.

The new DPGs include a number of clauses which state that they do not apply in the case of “investigative processes”.

What this means in practice is the following:

  1. The President can at any time – unilaterally and subject to no oversight whatsoever – launch an “investigative process”.


  2. The practical effect of this is to override the DPGs.


In other words, the DPGs are subordinate to the "Investigation Guidelines".

We think that this doesn’t require further comment or explanation on our part.

Credit: anonymous source.

Recent Techrights' Posts

openai.com Traffic Said to Have Fallen 50% in the Past Three Months, Reports Say It Nearly Ran Out of Money to Borrow
After the slop frenzy all we'll have left is environmental destruction
Rudeness and Vulgarity Won't Stop Journalism About Free Software
we seem to be on the right path
IBM Plans for Layoffs Becoming Clearer With "Employee Reviews"
Of course this impacts Red Hat as well
If You Don't Want "Linux" to Become "Windows", Then Follow GNU
GAFAM isn't a friend of Linux; it's only a user in the same sense clients are "users" of a brothel
 
LLM Slop Not Dead Yet, Examples of Slop About "Linux"
We wish to see the totals down to zero
Links 20/01/2026: Cheeto Blackmails France Into 'Peace' While Looking to Annex EU, Mass Layoffs in Capgemini (Microsoft Reseller/Promoter) in France
Links for the day
Gemini Links 20/01/2026: Boxing and "Inbox Zero" Success
Links for the day
Windows and Slop Declining While Microsoft Silences Critics
Microsoft tries to suppress facts while faking 'demand' by imposing slop on everybody, everywhere
IBM Kills OzLabs, Signalling An Attack on Free Software (a Sign for Red Hat)
ibiblio also appears to have died (or experiences critical issues)
Red Hat Vice President Leaving After Nearly Two Decades
IBM's culture of secrecy is not compatible with Free software
Links 20/01/2026: "ChatGPT Health" (Latest Distraction From Being Insolvent) Flops and Raises Concerns, "The U.S. Military Faces a Reckoning on Greenland"
Links for the day
Readers Pleased With Layout Changes
Two days ago we began improving clarity and accessibility in the site
IBM is Outsourcing Red Hat's Fedora to Slop to 'Save Money'
If IBM cared about quality rather than alleged "cost savings" (cutting corners), it would assign more IBM staff to Fedora, but instead the exact opposite happened, with the likes of Cotton and Miller removed from the project
European Patent Office (EPO) Industrial Actions Formally Start in Two Hours
As per the latest (revised) action plan, today workers will slow down their work and limit patent grants
Microsoft Under Fresh Investigation by the Italian Competition Authority
In 2025 we kept a running tally of 30,000+ Microsoft layoffs, so 40k this year would not be unthinkable
The "Alicante Mafia" - Part VI - More Strikes Planned at the EPO, Starting This Month
Yesterday we said that friends of Berenguer or inside Berenguer's circle may have left
Gemini Links 20/01/2026: New Tea, Using a Roku at a Hotel, and "Voltage-Based Power Management for Any Raspberry Pi"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 19, 2026
IRC logs for Monday, January 19, 2026
Links 19/01/2026: National Broadcasters on World or Local Affairs Up to a Week Ago
Links for the day
Gemini Links 19/01/2026: Game Boy and "The Lounge" (IRC) for the Elderly
Links for the day
Slopfarms in Google News (at Least Three Today) With Fake 'Articles' About "Linux"
Google itself is trying to promote its own slop ("Overview") at the expense of original and credible sources
Links 19/01/2026: ChatGPT’s Defects and The Guardian on Why So-called "AI Companies Will Fail"
Links for the day
This is What the Slop Bubble Popping Can Look Like
Maybe not an overnight collapse, but getting there gradually
IBM Quiet About Its Plan for Red Hat Amid Accelerated Bluewashing
Something is going on at Red Hat
The "Alicante Mafia" - Part V - It Seems Like Some People Are Already Leaving "The Mafia"
they have a rough idea of what's coming
Microsoft Means War, Microsoft is on the Side of ICE
Microsoft, people-ready
More Confirmatory Rumours Regarding "Massive" Red Hat Layoffs
Ecosystem and sales said to be targeted
Proprietary UNIX is What We'll Have If IBM Red Hat Gets Its Way
IBM Red Hat wants to control everything, even if that means killing everybody
Free Software in Times of Peace (and Times of War, Too)
GAFAM and IBM are war companies
Founder of GNU/Linux (RMS) Speaks in US University (College) This Week
The auditorium has very high capacity and this is his "college comeback" talk in the United States
Office Meetings Are Most Useful to the Least Productive Workers
In my "office life" days I really didn't like meetings
LinuxSecurity and Linuxiac Are Still Slopfarms, Even Anthony Pell Does It
We suppose waiting another month or another year won't change a thing
Claim That the Board of Directors at IBM Isn't Happy With How the Company is Run
IBM tries to project an image of strength to the whole world, especially to its clients
Links 18/01/2026: Legal Trouble for xAI, Climate Concerns, Data Breaches and More
Links for the day
'Vibe Coding', Chatbots, and Other Bots (e.g. "Agents" Disguised as "Superintelligence") Aren't Saving You Time
False marketing, FOMO marketing tactics
Gemini Links 19/01/2026: Analog Cameras and Plucker in 2026, US Losing Acceptability in Europe
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 18, 2026
IRC logs for Sunday, January 18, 2026
Links 18/01/2026: The "Deepfake Porn Site Formerly Known as Twitter" and Turkey to Block Kids' Access to Social Control Media
Links for the day
Gemini Links 18/01/2026: Against English as Language of the Net, "Symposium of Destruction"
Links for the day
You Would Expect This Kind of Misleading Narrative Shortly Before Microsoft (or GAFAM) Mass Layoffs
misleading PR
FOSDEM 2026: democracy panel, GNOME & Sonny Piers modern slavery experiment
Reprinted with permission from Daniel Pocock
Pump-and-Dump With IBM Shares, Courtesy of People Who Stand to Gain From the 'Pump'
"3 Reasons to Buy IBM Stock Right Now"
IBM: Spying on Staff Like Never Before and Implementing Silent Layoffs This Month, Say Insiders
what we heard from whistleblowers seems to corroborate
'Cancel Culture' Doesn't Work (in the Long Run)
Despite all the attacks, I'm enjoying life, I'm keeping productive, and our audience continues to grow
IBM is Not a Free Software Company (It Never Was)
Red Hat's main product, RHEL, is full of secret sauce and has 'secret recipes' (it is basically proprietary)
IBM Turning Up the 'RTO' (Stress) and 'PIP' (Fear) Heat on Workers, Rebellion May be Brewing
Sometimes it feels like today's executives at IBM view IBM workers as a liability
Links 18/01/2026: Indonesia Against Comedy, Media-Hostile (Censors Comedians) Convicted Felon in White House Defecting to Opponents of NATO
Links for the day
GNU/Linux Still up (statCounter Says to 6%) in Bosnia And Herzegovina
Let's see where it is at year's end
Making Layout Changes
Feedback can be sent to us
Behind an Economy of Fake 'Worths' and Fictional 'Valuations' or 'Market Caps'
They normalise white-collar crime and say "everyone is doing it!"
Links 18/01/2026: "South Africa is Running Out of Software Developers", Companies Spooked to Find Slop is a Major Liability
Links for the day
Eventually the Joke (and Financial Fraud) is on Microsoft, Stigmatised for Slop
Is Microsoft trying to commit suicide?
GNU/Linux Leaps to All-time Highs in Virgin Islands
it seems to have started around the "end of 10"
Place Your Bets: Who Will Die First? Microsoft or IBM?
Not even joking; make a guess
Making and Keeping the Sites Accessible
Sometimes less does mean "more" (or "MOAR")
The "Alicante Mafia" - Part IV - How Europe's Largest Patent Office Recruited Drug Addicts, Antisemites, and People Who Absolutely Cannot Do the Job (But Know the 'Right' People)
To better overlap industrial actions we might delay/postpone/pause this series for a bit
Restoring Professional Pride in the Tech Sector
Rejecting slop isn't being a Luddite
Benefiting by Adding Presence in Geminispace
As the Web gets worse, not limited to bloat as a factor, people seek alternatives
Google News Recently Started Syndicating Another Slopfarm, Linuxiac
Even if Google is aware that there is slop there, it's hard to believe that Google will mind
Slop Bubble "Is Worse Than The Dot Com Bubble"
Edward Zitron Says It like it is
Software Patents and USMCA (or NAFTA)
We recently pondered going back to issuing 2-3 articles per day about patents and common issues with them
IBM Sued Over PIPs
PIPs are "performance improvement plans"
Sites With "Linux" in Their Name That Are in Effect Slopfarms and Issue Fake Articles
We try to name some of the prolific culprits
Gemini Links 18/01/2026: Raising Notifications From Terminal and Environmental Sanity
Links for the day
IRC Proceedings: Saturday, January 17, 2026
IRC logs for Saturday, January 17, 2026
Over at Tux Machines...
GNU/Linux news for the past day