05.28.16

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Vice-President of the EPO Under Investigation: Treason, Abuse, Violations, Giving and Receiving Bribes

Posted in Europe, Patents at 9:23 am by Dr. Roy Schestowitz

Željko Topić and FIFASummary: An English translation of documents involving the Organised Crime Section of the Criminal Police Department in Zagreb, where the Vice-President of the EPO faces criminal charges

THE other day we made public a document in Croatian. Translation of this Croatian document is now available for use, with few redactions. An English translation can be found below, but here is some background information.

The articles of the Croatian Criminal Code referred to in the document seem to be the following:

Article 340 – Treason (“Veleizdaja”)

The basis for this charge seems to be an allegation of an unlawful change in the structure of the state administration (abolition of the Copyright and Related Rights department of the SIPO) which it is claimed undermined the constitutional organisation of the Republic of Croatia.

Article 291 – Abuse of position and authority

Article 125 – Violation of equality

Article 131 – Violation of the right to work

Article 293 – Accepting a Bribe

Article 294 – Giving a Bribe

There’s more coming soon, based on sources of ours in Zagreb, who heard from people close to these matters that it would get even worse.


 

REPUBLIC OF CROATIA
County State Attorney
Number: XXXXXXX
10 March 2016.

Zagreb Police Administration
Criminal Police Department Zagreb
Organised Crime Section

Please find enclosed a criminal complaint of the injured party V. S., …, Zagreb,
lodged against Ž. T., …, Zagreb and S. M. …, Zagreb for the criminal offences under
Article 340 of the Criminal Code, Article 291 of the Criminal Code, Article 125 of the
Criminal Code, Article 131 of the Criminal Code, Article 293 of the Criminal Code and
Article 294 of the Criminal Code.

In accordance with Article 206, paragraph 4, and referring to the provision of Article
206.h paragraph 1 of the Criminal Procedure Act, I order an investigation to be
carried out:

The carrying out of an interview with the applicant V.S., …, Zagreb (tel. …………..)
concerning the circumstances of the allegations of the filed appplication in which are
detailed observations concerning the exact time and manner in which the reported
Ž.T. changed the structure of the state administration in relation to Copyright and
Related Rights, for which reason is the applicant relieved from the position of
Assistant Director of the SIPO for Copyright and Related Rights, what is the amount
of material damage suffered, about what exactly is legally forbidden and undesirable
behavior, the position of the reported person in dealing with the injured party acting
without reasonable justification and without legitimate objective and based on
discrimination, as a result of which the violation of the right to work occurred
(whistleblowers) and to explain about any justified reason and the existence of which
facts about something that is or happens which could lead to legal proceedings
against the reported person, between whom, when and in which form of bribery or
corruption has taken place, what exactly was required of the official or responsible
person to whom the bribe was given, whether the reported act was carried out
independently or through an intermediary, wherein the negligent performance of duty on the part of the reported person S. M. is reflected and what kind of criminal offence in relation to the same has been committed when the specified abuse has occurred and in which manner, etc.

It is also required to carry out interviews with the reported persons concerning the
circumstances of the crimes alleged in the submitted application.

Interviews are to be carried out with other people who might have knowledge of the
offences of which the reported persons are accused.

It is also necessary to obtain from the victim all available documentation which
supporting the stated accusations (a copy of the decisions concerning the same from
the civil and criminal courts in respect of the termination of employment and criminal
offences against the plaintiff) and to obtain information from the State Intellectual
Property Office for the plaintiff with respect to the status of the persons responsible,
together with a description of jobs and tasks (contracts), a payslip that the same
received in the workplace where she worked prior to termination of employment (with regard to the question the level of material damage inflicted) as well as
documentation related to the termination of employment for the injured party V.S.

Concerning investigations or measures undertaken, you are obliged to report to me
no later than 30 days from the receipt of orders, delivering a report on what has been
done and the evidence which has been obtained.

Please also send me the official notes and statements and other material that can be
useful for the successful conduct of the proceedings.

DEPUTY MUNICIPAL STATE ATTORNEY

ANNEX:
Criminal charges et al.

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