11.20.15

Gemini version available ♊︎

EPO: It’s Like a Family Business – Part III

Posted in Europe, Patents at 10:10 am by Dr. Roy Schestowitz

The golden rule: people in the Establishment protect people in the Establishment

John Brennan

Summary: A look at how the EPO’s management (Željko Topić in particular) defended the unprecedented promotion of Ms Bergot (wife of the president’s close assistant), even in the face of outcry from EPO staff

THIS is the third part of a four-part series. In part one and in part two we focused on the case of Ms Bergot, who was promoted under very dubious circumstances. Now is a good time to proceed to part three, only two days after the protests that we covered here earlier on. SUEPO’s Web site has just said: “The suspension of three staff representatives in Munich and the attacks on two more in The Hague, attracted quite some attention, most of it rather critical of the EPO.”

“Ms Bergot’s promotion from grade A3 to grade A6 occurred before she had received a standard two-year performance report following her recruitment to the EPO on the 1st of December, 2010.”As a result of these shameful attacks on staff representatives we are only going to accelerate our coverage of EPO scandals, starting with this third part of our latest series (there are more series to come in the future).

In accordance with the requirements of Article 49 Service Regulations, it is established practice at the EPO that for promotion of internal candidates, the competent Selection Board takes into consideration the candidate’s staff reports and remarks (recommendations) made by his/her direct superior.

Ms Bergot’s promotion from grade A3 to grade A6 occurred before she had received a standard two-year performance report following her recruitment to the EPO on the 1st of December, 2010. The first two year reporting period beginning after the end of her probation period would have ended in December 2013.

This means that Ms Bergot, who was initially appointed as administrator at grade A3 with main duties to support her Director (of grade A5) and senior management, was promoted to grade A6 without the competent Selection Board having taken into consideration a single full two-year staff report.

“By the standards of international administrative law, the Vice-President Mr Topić who was Ms Bergot’s direct superior at the time in question could not be an impartial and independent Chairman of the Selection Board which recommended Ms Bergot’s promotion.”The Chairman of the Selection Board recommending the promotion of Ms Bergot was none other than her immediate superior, Mr Željko Topić, who is said to be facing many criminal charges in his home country. The other members of the Selection Board nominated by the President were the Vice-Presidents of Directorates General 1 and 2, Guillaume Minnoye (warning: link to epo.org, so tracking may be possible by EPO management) and Alberto Casado Cerviño (warning: link to epo.org, so tracking may be possible by EPO management).

By the standards of international administrative law, the Vice-President Mr Topić who was Ms Bergot’s direct superior at the time in question could not be an impartial and independent Chairman of the Selection Board which recommended Ms Bergot’s promotion.

Following the announcement of Ms Bergot’s promotion by Mr Topić on the 30th of January (the same year), the EPO Staff Committee voiced strong criticism of the appointment.

Mr Topić immediately responded with an internal Communiqué addressed to all EPO staff in which he claimed that the procedure for the appointment of a new Principal Director 4.3 “was launched and conducted in strict accordance with the applicable rules and included use of an assessment centre and interviews.”

To quote the original:

Elodie Bergot new Principal Director HR

30.01.2013

New Principal Director Human Resources as of 1 February 2013

I am pleased to announce that, with effect from 1 February 2013, Elodie Bergot is appointed Principal Director Human Resources (PD 4.3).

Ms Bergot will report directly to me. I wish her every success in her new role.

Željko Topić
Vice-President DG 4

And from the following day (probably because he could not keep silent anymore):

Communiqué from Vice-President DG 4

31.01.2013

Email to all staff from the CSC regarding new Principal Director HR

Dear Colleagues,

one of the less edifying aspects of the internal culture of the EPO – very striking to a newcomer such as myself – is the habit of staff representatives of contesting systematically nominations to senior positions.

There have been innumerable challenges over the years, though the post of Principal Director 4.3, Head of Human Resources, seems to attract sustained fire.

Such incidents do not normally call for an individual response. However, this time a highly personalised attack on the new Principal Director 4.3 has been made which crosses the bounds of acceptable discourse and which calls for an immediate rebuttal.

The procedure for the appointment of a new Principal Director 4.3 was launched and conducted in strict accordance with the applicable rules and included use of an assessment centre and interviews. Ms Bergot emerged very clearly as the strongest candidate, a substantive judgement which was reached unanimously by the five members of the selection board.

Indeed, the strict adherence to the rules accounts for the delay in filling the post; in the interim, I performed the functions of PD 4.3 myself.

Those who are appointed to senior positions of responsibility can be expected to carry a heavier burden than most. They should not, however, become the target of dishonest campaigns of vilification. I am confident that the vast majority of staff at the EPO share this view and that there will be no repetition of this lamentable behaviour.

Željko Topić
Vice-President DG 4

Topić further claimed that the decision to select Ms Bergot “was reached unanimously by the five members of the selection board.”

“Bergot’s promotion is still the subject of an appeal at the already-upset (at EPO) International Labour Organisation.”Due to the fact that the members of the selection board are bound to respect the confidentiality of the procedure, it is impossible to verify the claim made by Topić that the decision was “unanimous.”

As we stated in part two, this isn’t over. Bergot’s promotion is still the subject of an appeal at the already-upset (at EPO) International Labour Organisation.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. António Campinos Promotes Software Patents Using Buzzwords and Sketchy Loopholes With Dubious Legal Basis

    ‘Monopoly Tony’ (António Campinos) is shamelessly manipulating EPO processes at both ends (sender and receiver) to facilitate the illegal granting of invalid European software patents; we’re meant to think this former EU official and imposter (banker) is some guru in the sciences because he reads a lousy speech crafted for him with lots of meaningless buzzwords peppered all over it (he’s not good at reading it, either)



  2. [Meme] Jorgotta Be Kidding Us, Campinos!

    Monopoly Tony (António Campinos) runs the EPO by attacking the very legal basis of the EPO’s existence



  3. Unified Patent Court (UPC) Relies Too Much on Lies and Mischief Without Any Basis in Law

    Today’s video runs through the typical (weekly) lies from Team UPC — lies that are very easy to debunk; Team UPC not only drafted the thing but also looks to profit from it while misleading politicians and bribing publishers to spread intentionally misleading statements (lies)



  4. IRC Proceedings: Sunday, May 22, 2022

    IRC logs for Sunday, May 22, 2022



  5. Links 23/05/2022: Fedora 36 Reviewed

    Links for the day



  6. [Meme] It's My Working Party... And I'll Cry If I Want to!

    EPO President António Campinos is still not being held accountable for his Code of Conduct violations



  7. Links 22/05/2022: The 5.18 Kernel is Out

    Links for the day



  8. Gemini is Bigger Than Most People Care to Realise

    Geminispace has gotten to the point where it's too computationally expensive (or outright pricey) to study, let alone keep abreast of, Gemini capsules or the domain space as a whole



  9. Links 22/05/2022: Rock64 and Peppermint OS Release

    Links for the day



  10. [Meme] UPC is Always Next Year (and Next Year It'll Surely be the Year After That)

    The UPC will come “next year”, just like every year (since almost a decade ago) just because the lunatic promises so and crushes the law, quite frankly as usual, cusioned and protected by the UPC lobby



  11. UPC: Turning Patent Lawyers Into Liars and the Media Into Their Money-Grabbing Megaphone (Platform for Fake News)

    The above 26 screenshots (with necessary annotation added) hopefully illuminate the degree of deceit, manipulation, bribery and distortion of public discourse (fake news and advocacy of patently unlawful activities)



  12. Number of Working/Online Gemini Capsules, Known to Totally Legit Gemini Search (TLGS) and to Lupa, Exceeds 2,500

    Assuming that Lupa reduced its crawling capacity (this graph seems to confirm this), we’ve decided to aggregate data from 3 sources and assess the size of Geminispace; Lupa says it can see 1,947 active capsules, but there are many more it has not kept track of



  13. [Meme] Monopoly Tony

    The gentlest, kindest president the EPO ever had



  14. It Took Campinos Three or More Years to Undo Illegal Battistelli Actions on Boards of Appeal and Strike Regulations (Only After Losing at ILO-AT!), But He Does Not Mention That

    Let’s all remember that as the EPO‘s so-called ‘President’ António Campinos (Monopoly Tony) vigorously defended completely unlawful actions of Benoît Battistelli until courts compelled him to stop doing that (Strike Regulations); notice how, in the video above — a portion of this full clip from several months ago — he did not bother mentioning that for 3.5 years that he had “led” the Office the Boards of Appeal were in exile, in direct violation of the EPC, yet nobody is being held accountable for it



  15. IRC Proceedings: Saturday, May 21, 2022

    IRC logs for Saturday, May 21, 2022



  16. Links 22/05/2022: Free Software Developments in Bratislava

    Links for the day



  17. Gemini is the Direction the Paginated Internet Should Have Taken (Not Bloated Web With JavaScript and DRM)

    An update on Gemini and why you might wish to explore it (if you aren't using it already)



  18. EPO.org Now Openly Brags About Making Illegal Patents a Welcomed Part of the Examination Guidelines

    The EPO persists in illegal, unlawful agenda; it's even finding the audacity to advertise this in the official Web site



  19. Links 21/05/2022: Security Blunders and Microsoft Posturing

    Links for the day



  20. Links 21/05/2022: GitLab at Fedora and Pipewire in Next Ubuntu

    Links for the day



  21. Links 21/05/2022: HP Teams up with System76

    Links for the day



  22. IRC Proceedings: Friday, May 20, 2022

    IRC logs for Friday, May 20, 2022



  23. Links 20/05/2022: Thunderbird Revenue Rising

    Links for the day



  24. Outsourcing Sites to Social Control Media is an Outdated Mindset in 2022

    Centralised or federated censorship/filtering platforms (also known as "social [control] media" [sic]) aren't the way forward; we're therefore a little surprised that Linux Weekly News (LWN) bothers with that languishing bandwagon all of a sudden



  25. Links 20/05/2022: Plasma's Latest Beta in Kubuntu 22.04, Kapow 1.6.0 Released

    Links for the day



  26. Turkey's Migration to Pardus Linux and LibreOffice Explained 2 Months Ago in LibrePlanet

    This talk by Hüseyin GÜÇ was uploaded under the title “Real world GNU/Linux story from Istanbul”



  27. In Turkey, Windows Market Share is Down to Almost Nothing, 'Linux' is About Two Thirds of the Connected Devices

    Watch this graph of Windows going down from around 99.5% to just 11.55% this month



  28. The Lies and Delusions of António Campinos

    Monopolies and American corporations (and their lawyers) are a priority for today's EPO, Europe's second-largest institution



  29. Links 20/05/2022: Fedora BIOS Boot SIG

    Links for the day



  30. Links 20/05/2022: Oracle Linux 8.6 and VMware Security Crisis

    Links for the day


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts