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

Slop Nihilism is Funded by Big Oil
Eventually human civilisation will destroy itself
Professor Eben Moglen Recovering From Open Heart Surgery
From his public pages (this is not secret)
There Are Red Hat (IBM) Layoffs, But Google News is Infested With Slopfarms
It contributes a lot to misinformation and it encourages plagiarism
USA Not a Place for Free Speech
In America, as in the US, the attacks seem more enhanced or advanced these days
 
Gemini Links 17/09/2025: Flashing LineageOS and ROOPHLOCH
Links for the day
Links 17/09/2025: Long COVID Study, "Exposing Pegasus", and Chatbots Exposing Sensitive Data
Links for the day
Links 17/09/2025: Secret Settlement for Internet Archive and Google’s LLM Slop Summaries Attracting Lawsuits
Links for the day
The True Cost of 'Generative Models'
Funded and promoted by the companies that profit from the waste
'Big Slop' Attacks Contemporary Information/Knowledge and Creative Works, 'Big Copyright' (Cartel) Attacks the Old
Someone at IA will hopefully "blow the whistle" on what they actually agreed
Why We Find It Difficult to Trust Rust
A comparison between C/C++ and Rust
Watching the OSI: Our Series Will Carry on Irrespective of the Chief's 'Resignation'
the OSI isn't even the real guardian of the term "Open Source"
Just What LibreOffice Needs? Another Language? (Rust)
what's all this concern about memory safety?
Many Microsoft Managers Are Leaving
"Hey hi" chaff or chaff about "hey hi" cannot eternally distract from the difficulties inside the company
Tomorrow, Microsoft's Tim Anderson's 'The Register MS' Offshoot Will Have Been Inactive for 2 Months (There's Also a Slop Problem)
We've already caught The Register MS using LLM slop for articles
Microsoft's Chief Legal Officer Leaves Microsoft After Nearly 30 Years
And not retiring
Even Windows Users Are Having Problems With "Secure Boot"
When it comes to security - Microsoft strives for the very opposite
Another Competition Crime of Microsoft, Long Facilitated and Advocated by a Bad Actor, Who is Funded by a Third Party to Commit Extortion Against People Who Have Correctly and Repeatedly Warned About It for Over 13 Year
We must always go back to the core issues
3 More Reasons to Replace Mozilla Firefox With LibreWolf
Thankfully there are de-enshittified versions of Firefox
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 16, 2025
IRC logs for Tuesday, September 16, 2025
Links 17/09/2025: Google Layoffs in "Hey Hi" (AI), Perplexity Hit With More "Hey Hi" (Plagiarism) Lawsuits
Links for the day
Gemini Links 17/09/2025: Reclaiming Things in a Digital Age and Moon Phases in CGI
Links for the day
Slopwatch: Google News is Slop, Google News is Plagiarism, Google News is Dying
Google is off the rails
Links 16/09/2025: "The Censorship Alarm Is Ringing in the Wrong Direction" and ASRock Does Microsoft E.E.E. on GNU/Linux
Links for the day
Serious "Breach of Confidentiality of Personal Data" in Europe's Second-Largest Institution, the EPO
Yes, the same EPO that routinely uses "data protection" and "GDPR" as a pretext for hiding or covering up its corruption and white-collar crimes (it even uses that as an excuse for refusing to obey courts' orders)
Adrienne Rockenhaus Says Her Husband Was Arrested for Running Tor and Denied Basic Rights in the United States
the US seems to be getting "russified" in its approach towards Tor
This is What Happens When Microsoft Canonical Lets Decisions on Ubuntu be Made by a Youngster From the British Army (Where He Did Mass Surveillance)
"Is Ubuntu Compromised?"
Back Doored Windows Giving GNU/Linux a Hard Time (Under the Guise of 'Security')
Is this complication intentional? Most likely, yes
Links 16/09/2025: Science, Security, and Conflicts
Links for the day
Gemini Links 16/09/2025: Command-line Options in POSIX Shell and Introducing Acre 0.9
Links for the day
Microsoft 'Secure' Boot Versus Dual Boot With GNU/Linux
they're meant to assume everything is OK
Links 16/09/2025: While Oracle Pretends to be Rich It's Firing About 70 MySQL Workers, "Oracle's Revenge" (Faking Demand With "AI")
Links for the day
Microsoft Has Just Published a New Web Page About "Secure Boot Update Process" (Microsoft Also Admits Issues; PCs Can Stop Booting)
Why was this page issued and published only hours ago?
Microsoft Lunduke: I Spread Hate and Then I Receive Hate
Cry us a river, Microsoft Lunduke
"Use Wayland" Isn't a Bugfix for X (X11 is Still Necessary)
They tell us X is "dead" and we must all be herded into Wayland ASAP
"Disable Secure Boot and Fast Boot. Wipe and Start Over."
At least they didn't say, buy a new computer...
The Oracle Ponzi Scheme
Oracle isn't doing well, but it's nowadays fashionable to say "clown" and "hey hi" to prop up one's stock, even based on nothing at all
The New Head of OSI is an "Hey Hi" (AI) Obsessed Person
when Bryant says "AI" that doesn't mean AI
Taking Out the Battery, Opening Up Your Computer, Just Like a "Normie" Would
At this stage, any person who still says "enable Secure Boot" is misguided or persuaded by companies that sell rootkits
Slopwatch: Serial Sloppers and Slopfarms Still Infesting Google News (Fake 'Articles' About "Linux" Spreading FUD)
searching for "Linux" today yields a lot of FUD
"Governments, local authorities, schools and hospitals can lead by example by procuring only Free Software"
Crossposted from Tux Machines
Cindy Cohn Leaving the Electronic Frontier Foundation While Its Co-founder John Gilmore, Whom She Apparently Helped Oust, Will Celebrate 40 Years of the Free Software Foundation, Inc.
EFF has been busy hoarding GAFAM money, whereas the latter is where all the real activism is done
The Reach of Techrights Has Broadened
We nowadays cover a broader range of issues
"Google is Googlebombing KDE's Project Banana"
So is Google googlebombing KDE's Project Banana? You decide.
Complicating Things for No Actual Benefit, Just Added Risk and More Difficulties Adding GNU/Linux and BSDs
Watch what it's like for people who wish to use BSDs
Some Very Large IRC Networks Are Growing
IRC will turn 38 next year
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 15, 2025
IRC logs for Monday, September 15, 2025
Links 16/09/2025: Autumn Party, RPG Planet, and Optical ROOPHLOCH
Links for the day
Geminispace Growing at Pace of Over 10% Per Year
Contrary to what some pessimists try to claim
Linux Mint Forums Today: Disable 'Secure Boot', It Doesn't Improve Security, It's Just a Microsoft Obstacle to GNU/Linux Users
They also mention MOK
What Ruben Amorim and Stefano Maffulli Have in Common
Censors Wikipedia and Social Control Media
Microsoft Won't Cooperate in Trying to Tackle EPO Corruption (Microsoft Profits From This Corruption)
Use something like BigBlueButton, Jami, Ring, and Jitsi instead
Solved Less Than an Hour Ago: Trying to Escape Windows, 'Secure Boot' Gets in the Way
'Secure Boot' wasn't meant to even exist in the first place
Stefano Maffulli, Executive Director of the Open Source Initiative, Resigns or Gets Removed (We'll Continue Covering OSI Scandals)
A dozen mentions of "AI", not much about "Open Source"
Andy Has Just Nailed It (Regarding Complexity and Failure, a la UEFI)
The users no longer own or control what they buy
Compatibility Support Module (CSM) Versus GNU/Linux Simplicity
what Andy recently called "solutionism"
Links 15/09/2025: "Postal Traffic to US Down by Over 80%" and 'Smart' Spinozacampus Laundry Room Goes AWOL
Links for the day
Gemini Links 15/09/2025: Dungeon Hustle and Deleting Oneself From the Net
Links for the day
Breach of EPO's Duty of Care or Cigna Reimbursement Issues
This is the sort of thing that motivated Luigi Mangione to assassinate a CEO
Ask Ubuntu About "Secure Boot" Violation and Laptops That Don't Boot GNU/Linux
Does anyone still believe that "Secure Boot" has anything at all to do with security?
We Are Sad to Hear the Story of Jonathan Riddell, Champion of KDE and GNU/Linux on Desktops/Laptops
I have enormous respect for Jonathan and everything he has done
Talking About the Problem vs Talking to the Problem
Wanting an audience is never a good excuse for compromising one's values and principles
Focusing on Patents
The reason we cover the EPO so much is that it's close to home
"Secure Boot Violation": The 'Joys' of Fake Security Gone Wrong
Not everyone reboots every day
Links 15/09/2025: Russia Invades Romanian Airspace, Penske Media Sues Google Over LLM Slop
Links for the day
Links 15/09/2025: Bitcoin ATMs Scam and "Conservative Cryptography" (Backdoors Fantasies)
Links for the day
EPO Imitates Microsoft: "Three Days or More Per Week" Inside the Office to Get a Desk to Work on; "the Office Breaches Its Promise Towards Staff and Acts in Breach of Its Duty of Care"
The EPO serves no actual function in Europe
Links 15/09/2025: Political Affairs, Censorship, and Copyrights
Links for the day
Gemini Links 15/09/2025: Music Genres, Invisible Networks, and Akademy 2025
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 14, 2025
IRC logs for Sunday, September 14, 2025