Bonum Certa Men Certa

Compensation for Damages and Discrimination: The Case (One Among Several) Against EPO Vice-President Topić

Kuterovac Topić WIPO 2010



Summary: Incredibly enough, it is nearly a decade late that Topić finds himself facing the prospect of accountability for things he did more than a decade ago

Submission from the Topić case (heard 16/1/2019) has been translated for us by one who can speak Croatian. Topić "has a deadline of 30 days to reply," the translator noted. This should, in our humble opinion, be obligatory reading for all EPO insiders. It helps to know who one's boss was. The lawlessness at the EPO may then seem symbiotic. A lot of information was suppressed by Team Battistelli, which had chosen to give this man millions of euros (or at least a million euros in salaries and bonuses). His contract was renewed/extended in spite of all the scandals. Battistelli himself, helped by the supine Administrative Council, was absolutely fine with this person.



This European Patent Office (EPO) Vice-President seems like a perfect fit for Team Battistelli because less than a year ago Battistelli sent millions of EPO euros to his other employer. It's corruption. Topić finished his job about a month ago. Now he's back to Croatia where he is very belatedly in court (case delayed by nearly a decade while Topić enjoyed the EPO's diplomatic immunity). Here is the submission in English (emphasis in yellow is ours):

Zagreb, January 16, 2019

MUNICIPAL GOVERNMENT COURT IN ZAGREB



Sent. No. 48: Pn-532/11

 

Prosecutor-Counter-Defendant: ŽELJKO TOPIĆ, OIB 18700988630, Zamenhofova Street 23,

10 000 Zagreb, represented by the attorney's lawyer Mladen Prka

 

Defendant-Counter-Prosecutor: VESNA STILIN, OIB 84613242441, Biokovske stube 4,

10 000 Zagreb

 

Regarding: Compensation for damages,

Determination of discrimination

 

 

SUBMISSION OF DEFENDANT-COUNTER-PROSECUTOR



2x________________________________________________________________________

 

The Defendant-Counter-Prosecutor responds to the submission of the Prosecutor-Counter-Defendant dated 28.11.2018.

 

The aforementioned submission is entirely incorrect, without reference to any material provision.

 

The Prosecutor-Counter-Defendant’s claim – that the he was not a party to the proceedings stated by the Defendant-Counter-Prosecutor – is incorrect. A private penal litigation for defamation, substantially identical to this civil litigation (in addition to the discrimination against the Defendant-Counter-Prosecutor), in which the Prosecutor-Counter-Defendant and Defendant-Counter-Prosecutor are the parties in this litigation, with the final decision in favor of the Defendant-Counter-Prosecutor, which is attached to this file (pages 70-134), along with the documentation of the above-mentioned private penal litigation, which was continuously monitored by the English "Techrights" portal (pages 146-159 of the file), which denies the allegations of the Prosecutor-Counter-Defendant.

 

The aforementioned is not the only private penal litigation for defamation in which the Defendant-Counter-Prosecutor and the Prosecutor-Counter-Defendant are the parties in the litigation (pages 37-45 and 232-278 of the file); where after 6 verdicts and the false testimony of Ms. Romana Matanovac Vučković, the former deputy of the Prosecutor-Counter-Defendant, the litigation was finalized against the Defendant-Counter-Prosecutor. It was the so-called: The "defamatory version of the dismissal", which the Defendant-Counter-Prosecutor so called because of the gross untruths secretly filed with the Croatian Government about her by the Prosecutor-Counter-Defendant. The Prosecutor-Counter-Defendant’s letter dated 19. 2. 2008 (pages 37 and 232) was sent to the Government of the Republic of Croatia, which the Defendant-Counter-Prosecutor accidentally found out about a year and three months after the "official version of the dismissal" (pages 36 and 187). The Prosecutor-Counter-Defendant not only hid this letter from the Defendant-Counter-Prosecutor, but he did not provide it to her despite her request for it (page 409, 416 files, letter dated 11.5.2009, lawsuit dated 12.11.2009), which is contrary to Article 10, paragraph 1, clause 4 of the on Access to Information Act (OG 172/03), which is punishable by Article 26 of the same Act, and the Defendant-Counter-Prosecutor, having received the letter from the Government of the Republic of Croatia on 2.7.2009, initiated on the 1.10.2009, a private penal lawsuit for defamation against the Prosecutor-Counter-Defendant (pages 232-278).

 

The fact that the Defendant-Counter-Prosecutor filed in the file also disputes where the defendant is the Government of the Republic of Croatia, as contested the appointment of the Prosecutor-Counter-Defendant for the Director of the State Intellectual Property Office (SIPO) in 2008 (pages 378-394) is because in the meantime it was confirmed exactly what the Defendant-Counter-Prosecutor pointed out in her lawsuit dated 21.4.2008 (pages 378-379), which means that the Prosecutor-Counter-Defendant fulfilled the elements of the penal offense against official duty: abuse of office and powers by damaging directly or indirectly the State Budget of the Republic of Croatia (page 366) and giving the Minister of Science a bribe, who is a member of the Government of the Republic of Croatia who appoints the director of the SIPO. And he bought his second term of office as director of SIPO in 2008 by paying for an Audi 6 for the Minister of Science (pages 101-102, 120-124, 149, 153, 155, 307-309, 356-358, 371-373, 379, 392). The fact is that the Defendant-Counter-Prosecutor did not have access to a court in the Republic of Croatia in connection with this case (pages 388-389), and has still not received a response from the European Court of Human Rights, despite her repeated requests (pages 390-400).

 

In relation to the "official version of the dismissal" (pages 36, 187-206), the Defendant-Counter-Prosecutor was dismissed by the Government of Croatia upon the proposal of the Prosecutor-Counter-Defendant, and not by force of the expiration of her mandate (pages 100-152), as he stated in the private penal case which was decided in favor of the Defendant-Counter-Prosecutor, when he was heard about the cause of the termination of the employment of the Defendant-Counter-Prosecutor. Additionally, in the same private penal case, the court noted that the Defendant-Counter-Prosecutor, by virtue of his official certification, confirmed that the Defendant-Counter-Prosecutor fulfilled the duties of Assistant Director at SIPO on a permanent basis (pages 100, 135, 152) and she could not, by force of expiry of her mandate, cease to work. The aforementioned, with additional documentation regarding the motion of the Defendant-Counter-Prosecutor for annulment of her dismissal in 2008 (pages 17, 33-35, 66, 72, 136, 334-335, 338, 344-355), with penal proceedings against the Prosecutor-Counter-Defendant (pages 66-67, 356-370), which is in the final stages, will certainly give a wider insight into this case.

 

In the submission of Prosecutor-Counter-Defendant from 28 November 2018, he stated that the litigants were state officials who were appointed by the Government of the Republic of Croatia and that the Defendant-Counter-Prosecutor was appointed by the Government of the Republic of Croatia, and was also dismissed of her duties on the proposal of the Prime Minister (Ivo Sanader AN) and that all of his actions were solely based upon his position of the Director of the SIPO in accordance with his rights and obligations, were entirely untrue. At the moment of the appointment by the Croatian Government in 2004 (OG 77/04) the Defendant-Counter-Prosecutor was a state official, but following the EU proposal, changes in the status of certain state officials in civil servants were introduced in Croatia, including the change of the status of Assistant Directors in governmental organizations such as SIPO from the status of a state officials to the status of civil servants, based on Article 151 paragraph 1 of the Civil Servants Act (OG 92/05, ...) and Article 3 paragraph 1 of the Amendments to the Law on the Obligations and Rights of State Officials (OG 141/06), so that it is the solely the director of a governmental organization, here the Prosecutor-Counter-Defendant remains the only state official within SIPO. It is apparent from the Decision of the Government of the Republic of Croatia from 10 April 2008 (pages 36, 187) that the Defendant-Counter-Prosecutor was dismissed from the post of Assistant Director of SIPO on the proposal of the Prosecutor-Counter-Defendant and not, as he states, on the proposal of the Prime Minister of the Government of the Republic of Croatia. The Prosecutor-Counter-Defendant’s statement that his actions were solely based on his position of the Director of SIPO, in accordance with his rights and obligations, absolutely does not stand. The Prosecutor-Counter-Defendant announced to the European Union under the CARDS program no. 60343 (page 171), that due to the insufficient number of employees in the Department of Author and Related Rights (only two people), he announced as a permanent task the recruitment of new employees who would work under the Defendant-Counter-Prosecutor, but in practice he did just the opposite. He abolished, by unlawful procedure, secretly (page 179), without explanation, the Department of Author and Related Rights in the Statute on the Internal Organization of SIPO - NN 30/08 (pages 11, 30, 180, 185, 406-430 ), although copyright and related rights constitutes one of the two major branches of intellectual property rights (pages 160-170), which violates the compulsory provision of Article 20 Paragraph 2 of the Access to Information Act (OG 172/03) on the availability of the draft Statute on the Internal Organization of SIPO to all of the authorized people, including the Defendant-Counter-Prosecutor. He also completely ignored the recommendations of independent European experts on the need to increase employees in the Department of Author and Related Rights in the CARDS Program no. 92-022 (pages 172-178), throwing figuratively into the wind almost 2,000,000.00 Euros for the 2 CARDS programs which were paid for by the European Union. Although there were 5 Assistant Directors in SIPO (pages 197-198), of equal status, the Prosecutor-Counter-Defendant applied the legal procedure regarding the dismissal towards 4 of his assistants, described in Article 48, paragraphs 3 and 4 of the disputed Statute on the Internal Organization of SIPO (page 215). However, he did not apply the above procedure to the Defendant-Counter-Prosecutor (pages 211-214), who was the only person left without a job, while towards the other assistants whose jobs were also abolished; he offered them other corresponding jobs. The Prosecutor-Counter-Defendant not only discriminated against the Defendant-Counter-Prosecutor in relation to the other assistants in the dismissal procedure, but was extremely deceitful towards her, approving her vacation from 14-18.4.2008 (page 186), and secretly before The Government of the Republic of Croatia, based on his proposal of 8.4.2008, obtained her retroactive dismissal on 10.4.2008 (pages 36, 187). She was removed from SIPO on 18.4.2008, and had no place to return to (at SIPO) during the pinnacle of her preparation for The European Congress on the Public Lending Rights, which should have been held in Croatia (but the Prosecutor-Counter-Defendant cancelled it) for the purpose of financial aid to writers and the establishment of a new right, the public lending right, based on Directive 92/100/EEC (pages 181-183, 279-294, 299-305, 310-328, 336-337). The public lending right was solely researched and coordinated by the Defendant-Counter-Prosecutor on the state level, and SIPO was the coordinator based on the document of the Government of the Republic of Croatia called "National Strategy for the Development of the Intellectual Property System of the Republic of Croatia 2005 -2010" (pages 300-301).

 

The Prosecutor-Counter-Defendant has discriminated against the Defendant-Counter-Prosecutor not only regarding equal status with the other assistant directors of the SIPO in the procedure of the dismissal, but he also discriminated against her because of her political party affiliation. A full review of the discrimination acts against the Defendant-Counter-Prosecutor are described in her electronic mail dated 4.2.2008 (pages 340-343) sent to the Prosecutor-Counter-Defendant. Also, in relation to her discrimination, the Defendant-Counter-Prosecutor also refers to her electronic message of 9.4.2008, the day before her dismissal, sent to the Prosecutor-Counter-Defendant (page 377). Also in her letter of 3.7.2008 sent to the Government of the Republic of Croatia, Ministry of Economy and the Central State Office of Administration/now the Ministry of Administration (pages 434-436). Also to her letter to Dragan Primorac dated 12.3.2009 (pages 431-432). Also according to the Press Release of the SIPO / Prosecutor-Counter-Defendant of 30.4.2012, which occurred during Zoran Milanović's (Prime Minister) mandate, he notes that the Defendant-Counter-Prosecutor is a member of HDZ (Croatian Democratic Union) and he refused to acknowledge her demand for this Press Release (pages 374-375), and in the Memorandum of 6.2.2012 which describes the discrimination against the Defendant-Counter-Prosecutor (pages 335, 338).

 

Following the aforementioned, it is proposed to the court, upon completion of the procedure, to dismiss the Prosecutor-Counter-Defendant’s lawsuit as unfounded, and to accept the Defendant-Counter-Prosecutor’s lawsuit, with the compensation for these civil costs.

 

Defendant-Counter-Prosecutor



Vesna Stilin



Notice the dates above; it's an understatement to say that Croatian justice can be slow. Croatians need to reach out to European (external to Croatia) courts in pursuit of justice. We saw this before (other cases against Topić).

Recent Techrights' Posts

"Alternative to Microsoft Office" Must Use Free/Open Standards/Formats for Real Sovereignty
It would make sense for the EU to invest in its own workers and its own software projects, more so now that there are hostile countries both to the east and to the west
When Everybody Has a Right/Access to An Attorney/Lawyer (But Some Get Funding From Malicious American Corporations to Spend a Million Dollars on Many Lawyers and Several Barristers)
And send about 75 KG of legal papers to the residence of the "opponent"
European Qualifying Examination (EQE) Being Reduced to Pieces of Papers One Can Buy, Patent System Rapidly Losing Its Legitimacy
Welcome to the "new Europe"
 
Atlassian Corp: We're Doing Layoffs Because of "Hey Hi"; Wall Street: Atlassian Corp is Just a Failing Business
Don't ask "the media"
Microsofters' SLAPP Censorship - Part 11 Out of 200: Cannot Censor His Spouse, Accusations Are Repeated Today
He already has a history of threatening to sue gay people in America; he cannot take criticism too well
Price of Storage, Price of Energy... What Next?
EPO workers are going on strike because their salaries don't keep up with price increases and tech companies without connections in "the channel" face long delays, low availability, and high prices (no "bulk" purchases), which further solidifies monopolies.
Don't Forget Red Hat's RTO (Return-to-office) Layoffs
How many people still remember that Red Hat did the same thing?
Reminder: Microsoft silent Layoffs by RTO (Commute Time and Lack of Comfort/Work Satisfaction) Already in Effect This Year
It's difficult to measure how many employees have already "left on their own" due to the RTO policy
Founder of IBM Ventures Has Just Quit IBM
Some people leave IBM and many people 'leave' IBM
Signs of Impeding Mass Layoffs - Not Just Quiet Layoffs - at Microsoft
Beneath the surface there are waves of layoffs and even entire teams are let go
Career Science and Academia as Corporate Propaganda 'on Tap'
article about surveillance
Veteran GNU/Linux Journalist Jack Wallen Tries Geminispace and Likes It
It'll turn 7 some time soon
Scheduled Maintenance Tonight
There will be similar work early next week
IBM Has No Clue How to Integrate Companies Like Red Hat
IBM is failing to respect this company's culture
Fake Articles From Sites With "Linux" in Their Name/Domain Name
we can at least hope that linuxteck.com made a decision to quit slop
Links 13/03/2026: New US Weapons for Taiwan, Pakistan Air Strikes Hit Kabul
Links for the day
Gemini Links 13/03/2026: Exhaustion and Smartphone Addiction
Links for the day
Friday the 13th & Debian Developers afraid to nominate in DPL elections
Reprinted with permission from Daniel Pocock
Links 13/03/2026: Chatbot "Pentagon Contract" (Bailout) and Secret Service Ditches Slop Pusher
Links for the day
Priorities in 2026
2026 is an interesting year
Willis Towers Watson (WTW) Producing More Propaganda for EPO "Cocaine Communication Managers"
The Local Staff Committee The Hague (LSCTH) has this new paper about Willis Towers Watson (WTW) and its annual EPO-sponsored propaganda, pretending all is well when things are clearly dire
Head of Microsoft Office and Microsoft 360 is Leaving Microsoft Amid Problems and Mass Layoffs
Microsoft is like a "legacy" company
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 12, 2026
IRC logs for Thursday, March 12, 2026
Gemini Links 13/03/2026: "Someone to Take Over Antenna" and Random Seed/RNG
Links for the day
By Expanding to Advocacy of Ponzi Schemes and Bill Epsteingate (Sex Trafficking), Linux Foundation Revenue Grew to $220,730,594, But Salary of Linus Torvalds Not Even in Top 10 Anymore!
true!
In the Name of Transparency, Today We Show Our Defence and Counterclaim
already uploaded by the other side
IBM Cannot Even Do Payroll, Now a "Legitimate Target" of Iran
Missiles or not, it seems like IBM systems will be targeted more by cybercriminals
Links 12/03/2026: Heating Bills to Soar, "Banks in Gulf Evacuate Their Offices"
Links for the day
Gemini Links 12/03/2026: On Phone Anxiety and Bjorn "Looking for Someone to Take Over Antenna"
Links for the day
Cultification: best candidates avoiding Debian leader elections
Reprinted with permission from Daniel Pocock
Richard Stallman (RMS) et al Cited in 'Nature' (Journal/Site) Today, "CODE beyond FAIR"
Under Open Access
The Register MS, on Verge of Collapse, Keeps Promoting a Ponzi Scheme for China
Publishers that participate in this simply don't care about their readers
Overview of False Narratives and Lies Used to Lower Salaries at the European Patent Office (EPO), Abandoning Patent Quality and the EPC
Many of the latter slides are the same as Munich's
Links 12/03/2026: Atlassian Layoffs, GAFAN Covering up Slop-Induced Outages, "Age-verification in Operating Systems and the Internet"
Links for the day
The EPO's President, Who Covers Up Cocaine Use, is Trying to Suppress Communication Between EPO Staff Under the Guise of 'Privacy' (and in Defiance of a Court Ruling)
Why does Europe's second-largest institution: 1) curtail communication among staff (including union) and 2) go out of its way to avoid obeying a court order from ILOAT in Geneva?
Exactly One Week Before Next EPO Strike, Media Intentionally Not Mentioning EPO Strikes
One form of propaganda technique/s involves the systematic suppression of certain topics, or of particular "narratives"
Microsofters' SLAPP Censorship - Part 10 Out of 200: Showing Public Tweets is Not a Privacy Violation, But This Isn't About Justice, It's About Censorship
It's time to put a stop to this abuse of process (which is what the Judge deemed it to be last year)
Suicide of disgruntled employee? Bus fire at Kerzers / Chiètres, Switzerland, at least six dead
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 11, 2026
IRC logs for Wednesday, March 11, 2026
Gemini Links 12/03/2026: "on Urbit" and the True Cost (or Criticism) of "Social Control Media"
Links for the day
Slop About "linux" in Google News
Once people recognise that those sites are fake it's hard to 'unsee' what they are
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part V - Attempts to Take Down and Suppress Criticism of Back Doors Controlled by Microsoft and the American Government
The cost of maintaining illusions
IBM's Payroll: Cannot Even Pay the People What They're Legally Entitled to
How financially-stressed is IBM at this point?
Slides From the European Patent Office (EPO) Explain Why They're Striking, How They're Striking, and What Comes Next
A week from now the strike will go ahead
GAFAM Datacentres Are Facilities of War, So Risk of Downtime by Missiles or State-Sponsored Cracking Has Vastly Increased
How safe is your business in "clown computing" or DCs marked as some "legitimate targets" at wartime?
Companies That Take Away Blood and Sweat From the Community to Sell a Ponzi Scheme to Everybody
We need Free software that is run by communities
1,234 People Gather Online to Plan Next EPO Strikes and Other Industrial Actions
yesterday an online gathering orchestrated the next moves by EPO staff
Links 11/03/2026: Fake Videos Swarm YouTube, "Ukraine Can Now Manufacture ‘China-Free’ Drones"
Links for the day
Gemini Links 11/03/2026: Lagrange for iOS and Android and "Turning a Folder of Git Repos Into Project Launcher"
Links for the day
Kafkaesque: Unlawful Activities in the UK to Cover Up Unlawful Activities in the United States of America
Why is bribery and even extortion seen is OK? Because rich people do those things?
Former IBM Executive, Ron Hovsepian, Doomed S.u.S.E. (SUSE)
SUSE is like a child nobody wants to raise
Quiet Layoffs or Silent Layoffs Alleged at Microsoft
Will some investigative journalists do their job now and ask Microsoft tough questions?
After a Long Lull LinuxTeck (linuxteck.com) Came Back Only as a Slopfarm
Unlike Linuxiac, LinuxTeck wasn't very active in recent years
Links 11/03/2026: EPO and USPTO Software Patents Thrown Out Again, Copyright Concerns Over Slop (Plagiarism Using Buzzwords)
Links for the day
Microsofters' SLAPP Censorship - Part 9 Out of 200: 5RB Barrister Does Not Even Know the Name of His Own Client (That He Was Paid Well Over $200,000 to 'Speak' or 'Cover' for)
If you assault women in the United States, there's a barrister available for you in the UK
IBM's Fedora is Now Led by GAFAM Slop
The official word of Fedora is partly slop
IBM 'Dinobabies' Speak Out
"They want newbies out of school at a much cheaper rate"
Links 11/03/2026: "Drill, Baby, Drill" and Social Control Media Recognised as Threat to Democracy
Links for the day
5 Years Since Freenode Conflict
IRC isn't going away
A Week Ahead of Next EPO Strike the Staff Representatives Show the Administrative Council That the Office Lost the Best Staff, It's No Longer Attractive
the message circulated regarding the open letter to the Administrative Council
Jeff Bezos as an Individual Said to Have Enough Capital to Buy IBM
Assuming a market capitalisation of 234.70 billion
Starting Soon: Another New Series About Richard Stallman
There are some inside stories we can tell
Gemini Links 11/03/2026: School, Code Slop, and "Fancy Weapons"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 10, 2026
IRC logs for Tuesday, March 10, 2026