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

Links 09/11/2026: Nvidia CEO Jensen Huang Cheats on Wife With A Suspected Chinese Spy, "400,000 Russians Killed in Battle Since 2022 Invasion"
Links for the day
Digitalisation Is Not Inevitable or Unavoidable
Nor inescapable
Intercontinental Brigading - Part XXXXIV - Why the Swatting Failed
After that we only ever heard from or spoke to cops when we invited them to our home to collect evidence
 
When Some Footage Causes Your 'Company' to Lose Almost Half a Trillion Dollars in 'Value' in a Few Minutes Your Company is Fictionally Valued
stock slips 8% because the CEO cheats on the wife
Intercontinental Brigading - Part XXXXV - The Brand (and Reputation)
"Russell Brand sentenced to 10 years and six months for rape and sexual assault"
Links 09/11/2026: 'Humanitarian' Putin Knocks 600,000 Civilians Off the Grid, Eminem’s Publisher Sues Suno
Links for the day
Like Crooked Politicians, The Register MS is Selling "Dinners" (Access, Sponsors)
Talk about "hey hi".
The Register MS is Not Objective Regarding "AI", It's Paid by Pushers of the Pyramid Scheme (including Nvidia)
Some time soon we'll name some companies that pay millions to The Register MS in order to cement their role in the house of cards (while it lasts)
GAFAM Moribund
A lot of what we say about Microsoft in respect to debt is equally applicable to the rest of GAFAM
NVIDIA as a Scam Company Run by Scammers Who Fake Demand for Their Waste of Energy (Subsidising GPU Sales for Use Cases That Don't Exist)
First they targeted gamers, then fake 'currencies' (which turned out to be a bust), now it's slop (obfuscation of plagiarism using brute force and fusion) [...] We're quite glad that Huang publicly broadcasts how untrustworthy he is
Zero Tolerance for Slop
very few sites that dabbled in slop ended up well off (for it)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 08, 2026
IRC logs for Sunday, November 08, 2026
Gemini Links 09/11/2026: "The Blue Wave Won't Save Us" and "Discoverability Is Only Solved If You Can Be Discovered"
Links for the day
IBM 'Robbery': No More Car Allowance in the UK, Severance Shredded, CEO Pay Up 51% in One Year While Thousands Laid Off in Secret
Why does a CEO reward himself so much when the company does so badly?
Gemini Links 08/11/2026: "Back", Zot, and Information Overload
Links for the day
“Concerned Microsoft Workers” Say “Working at Microsoft Has Become Joyless and Demoralizing.” (That's What Microsoft Wants, More Will Leave That Way)
Many Microsoft employees are going to leave
The Register MS is Losing Hundreds of Thousands of Pounds a Year While Directors Pay Themselves Hundreds of Thousands of Pounds a Year in Dividends
they take money from slop pushers and have clearly compromised some journalistic standards in the process
GNU/Linux Measured at 7.4% in the UK This Weekend: Clownflare Radar
I hope that one day GNU/Linux will be everywhere here
Never a One-Person Project
Just because I'm the main "public face" of the site (who takes all the insults and SLAPPs) doesn't mean I deserve all the credit
“I Always Expect to Lose. I Fight Anyway, and Sometimes I Win.” — Richard Stallman
To change the world meaningfully people must think big
Stop Looking for News About "Layoffs", Layoffs Are Over (They've Been Rebranded)
To properly assess the status quo we need other yardsticks
Links 08/11/2026: Bosses Who Were Forcing Their Workers to Use Slop Change Mind, "Rapper RBX Files Ninth Circuit Appeal in Fraud-Focused Class Action Lawsuit Against Spotify"
Links for the day
Links 08/11/2026: Why Vikings Stayed in Iceland and "TikTok Accused Of Promoting Sex Industry To Young Girls"
Links for the day
Gemini Links 08/11/2026: "Before Sunrise" and LLM Scrapers Versus Self-Hosting (or Web in General)
Links for the day
Intercontinental Brigading - Part XXXXIII - Weaponising Cops in Another Continent (Europe), Knowing They Cannot Come to Your Home in America, While Threatening Women
This year it culminated in death threats
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 07, 2026
IRC logs for Saturday, November 07, 2026
The Decade Ahead, a Decade of Suppressed Stories
Our stories aren't discouraged or considered taboo because of racism or "toxic politics" or anything like that; they just hurt powerful people and corporations
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part V - "Reports Closed Without the Evidence Being Examined."
Totally what the SRA did regarding Brett Wilson LLP
Gemini Links 07/11/2026: Illusion Garden and Lagrange 2
Links for the day
Complexity is the Tyrant's Friend
Slop is for feeble minds and cheaters
IBM Firings (or Silent Layoffs) After Bluewashing; "IBM’s Employment History is More Troubling Than its Patriotic Marketing Suggests"
"It has zip to do with race but everything to do with the greed of the 1% who have been doing all they can to destroy the middle class..."
“Week van de Werkstress” and Work-Related Stress at the EPO, Where Staff is Bullied Into Granting Illegal Patents for Foreign Monopolists
"poor working environments, including discrimination and inequality, excessive workloads, low job control and job insecurity pose a risk to mental health"
Czech Republic: GNU/Linux Rises Above 5% in Desktops and Laptops
A year ago it was somewhere around 4%
EPO's Local Staff Committee The Hague Says Almost or About a Third of Staff Assembled to Organise at "a Time of Continued Social Unrest"
They speak of "circa 850 staff members in attendance" (in The Netherlands there are about a couple thousand)
Suggestions That XBox Will be Offloaded by Microsoft, Rather Than Shut Down, Make the False Assumption XBox is Profitable (It's Not, It's a Liability)
Microsoft has serious financial troubles
Which "Smart" "Phone", Which "Social" "Media", and Which "Cloud" "Storage"?
Let's take back control of the language
State of the (Linux) Slop, Late 2026 Edition
Google News (Gulag Noise) is a plagiarism booster
Year 21
It's 5PM here
Links 07/11/2026: "Flock Cameras Got Eviscerated by the Midterms" and Joshua Wong Shows China is Highly Repressive and Fully Controls Hong Kong
Links for the day
At The Register MS the Net Liabilities Doubled in One Year, Tangible Assets Down About 35% in One Year
signed off in 2026
Intercontinental Brigading - Part XXXXII - Running One's Mouth
British Police told me "making a false complaint to police is a crime" in relation to Lozza
Another 20 Years of Exposing Corruption
We'll focus on carrying on what we do
EPO Budget and Finance Committee (in Very Recent Meeting) Increases Bribes to People Who Vote on Campinos Reappointment ("Cooperation Activities")
Buying 'elections' to protect the cocaine-stained regime in Europe's second-largest institution
Links 07/11/2026: London's SLAPP Industry Now Targets Kirkenes (Northern Norway) at the Behest of Corrupt Thieves in Russia and Microsoft’s 'Buyout' Offer Crashes Microsoft Systems
Links for the day
Links 07/11/2026: "The Moon is Waning Crescent", Homeworlds, and "Can't Handle The AVIF!"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 06, 2026
IRC logs for Friday, November 06, 2026