Bonum Certa Men Certa

The EPO’s Overseer/Overseen Collusion — Part II: A “Unanimous” Endorsement?

Series parts:

  1. The EPO's Overseer/Overseen Collusion — Part I: Let the Sunshine In!
  2. YOU ARE HERE ☞ A “Unanimous” Endorsement?


EPO President Benoît Battistelli, Principal Director Elodie Bergot, Vice-Presidents Željko Topić and Raimund Lutz
The EPO senior management team responsible for the drafting of the "Strike Regulations".
Clockwise from top left: Office President Benoît Battistelli, Principal Director Elodie Bergot, Vice-Presidents Željko Topić and Raimund Lutz.



Summary: Battistelli's illegal "Strike Regulations" didn't materialise without help from other people; looking back, we learn how those unlawful provisions came about and who's accountable for them

The EPO "Strike Regulations" which were recently struck down by the ILOAT were drafted by Battistelli's "Human Resources" management team.



At the time in question the EPO's HR Department was controlled by the notorious duo of Principal Director Elodie Bergot and Vice-President Željko Topić.

"...this meeting of the Council was also used by Battistelli to present the delegates with the outcome of an "internal investigation" conducted for the purpose of whitewashing his Croatian bulldog, Željko Topić."But it's important to realise that the "Strike Regulations" drafted by the EPO's senior management team would never have come into effect without the complicity of the Administrative Council at its 136th meeting which took place in Munich on 26 and 27 June 2013.

By a curious coincidence - as previously reported by Techrights back in 2015 – this meeting of the Council was also used by Battistelli to present the delegates with the outcome of an "internal investigation" conducted for the purpose of whitewashing his Croatian bulldog, Željko Topić.

"These documents allow us to obtain a better picture of what went on at the meeting, in particular the details of the deliberation and vote on the proposed "Strike Regulations"."At the time in question, Topić was the subject of a series of allegations connected with his former position as head of the Croatian State Intellectual Property Office. A lot of awkward questions were being asked about his EPO appointment and Battistelli was keen to silence the critical voices.

The 2015 Techrights posting about Battistelli's whitewash of Topić includes copies of the official minutes [PDF] of the June 2013 Administrative Council meeting and the associated "Summary of Decisions". [PDF]

These documents allow us to obtain a better picture of what went on at the meeting, in particular the details of the deliberation and vote on the proposed "Strike Regulations".

The composition of the Administrative Council as of May 2013 - i.e. directly prior to the 136th meeting - was published in the EPO's Official Journal (OJ).

In some cases the delegates listed in the OJ did not attend the meeting but were replaced by their alternates. This is normal practice when delegates have conflicting engagements.

The list of actual attendees at the 136th Council meeting can be found in the official minutes [PDF] of the meeting.

It's worth mentioning in passing that António Campinos also attended the meeting as an observer in his capacity as then head of the EU's trademark agency OHIM/EUIPO in Alicante.

From the minutes of the meeting it can be seen that one senior member of Team Battistelli played a key role in persuading the Council to vote in favour of the proposed "Strike Regulations".

"It's worth mentioning in passing that António Campinos also attended the meeting..."This was the Vice-President Raimund Lutz who was head of the Directorate of International and Legal Affairs.

Lutz was regularly used by Battistelli for the purpose of duping the Council delegates into rubber-stamping all sorts of questionable measures and at the same time dissuading them from asking too many awkward questions.

So it was very much "business as usual" when Lutz was wheeled out at the 136th Council meeting in June 2013 in order to assure the delegates that the proposed "Strike Regulations" were good to go and could be waved through without the need for any further discussion.

Lutz informed the delegates that the new regulations "had been proposed considering general legal principles, European rights and ILOAT standards".

"Lutz was regularly used by Battistelli for the purpose of duping the Council delegates into rubber-stamping all sorts of questionable measures and at the same time dissuading them from asking too many awkward questions."It's worth pointing out that he never actually claimed that the proposed measures were in conformity with "general legal principles, European rights and ILOAT standards" – he only said that these principles, rights and standards had been "considered" when drafting the regulations!

It is not without reason that Lutz has been described as a "veritable virtuoso of legal sophistry".

Role of EPO's Vice-President Raimund Lutz
The EPO's "virtuoso of legal sophistry", Vice-President Raimund Lutz, helped to "persuade" the Council delegates to rubber-stamp the proposed measures.



Both the official minutes and the "Summary of Decisions" contain a record of the vote on the adoption of Battistelli's "Strike Regulations".

Record of the Administrative Council vote
Record of the Administrative Council vote on the adoption of Battistelli's "Strike Regulations".



From this it can be seen that out of a total of 38 delegations, only 35 actually voted.

This means that 3 delegations did not even bother to take part in the vote.

"...3 delegations did not even bother to take part in the vote."Of the 35 delegations that participated, 28 voted in favour and 7 abstained.

Article 35 (4) of the European Patent Convention specifies that abstentions "shall not be considered as votes".

"In the coming parts we will take a closer look at the members of the delegations..."This means that - according to the official narrative - the proposed measures were adopted "unanimously" with 28 votes in favour.

In the coming parts we will take a closer look at the members of the delegations and how they did - or did not - vote on that occasion. ⬆

Recent Techrights' Posts

Creditors beware: VMS Enterprises Ltd vs Brexit Party (Reform UK Party Ltd)
Reprinted with permission from Daniel Pocock
 
EPO "Cocaine Communication Manager" - Part XVII - A Vote for Campinos This Month (Reappointment) Would be an Endorsement of Cocaine
The harder they try to silence critics, the worse it'll get
The Cyber Show on "Career Scientists" (Resellers of Establishment Brands Like GAFAM)
"The "career scientist" - with PhD and research office by their mid-twenties - follows well oiled tracks and institutional signposts, steering away from controversial or "difficult" subjects."
Reporting Court Matters While Preserving Dignity of Staff
There's a high and growing probability we'll take our appeal to the Court of Appeal next year
Broligarchs Speech-Policing, Faux 'Community' or 'Hub' in 'User-Driven' Clothing
Until a broligarch decides to "flag" inconvenient stories
Gemini Links 02/10/2026: Haiku, Microsoft EEE ('Linux' as a Container in Windows), and ROOPHLOCH 2026 Roundup
Links for the day
Microsoft Promised Them Bonuses, Instead They May Get Laid Off
Laid off or paid off?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 01, 2026
IRC logs for Thursday, October 01, 2026
Lots of People Left Red Hat This Week, No Announcement Made of Layoffs
Companies just find ways and excuses not to announce their layoffs
Gemini Links 01/10/2026: Gemini-to-Web Proxies Considered Harmful, ROOPHLOCH 2026 at Griffith Park Observatory
Links for the day
"SPONSORED FEATURE" of HPE and NVIDIA at The Register MS Has Just Mentioned "AI" 68 Times in One Page!
Meanwhile, grown-ups ignore the hype and get work done without slop
Microsoft's XBox Layoffs Not Finished, Won't be Finished, It's Called "Forever Layoffs"
Microsoft will shut down (XBox) after shrinking it, there's no need to sell anything (a straw man)
IBM's Red Hat Lost Lots of People Today, Chief People Officer (CPO) Dethroned
Headcount falls shortly in secret.
Microsoft is "Pushing Up Daisies" Amid Mass Layoffs (Secret Ones)
"Longtime Microsoft research leader Peter Lee and former LinkedIn CEO Ryan Roslansky to depart"
Links 01/10/2026: "Lawyer Cites ChatGPT-Invented Fake Witnesses in Murder Appeal" and The 'Linux' Foundation Technical Advisory Board (TAB) Has Vacuum
Links for the day
Brigading Against Women - Part XIII - The Offer We Didn't Ask For (and Under Threats to a Lady at the Webhost, a Form of Extortion From America)
Two and a half months ago Garrett made an offer to my wife
Techrights Turning 20 Next Month
Our image is under attack, our finances are constantly under attack and so on
Links 01/10/2026: "Meat Proxies" and "Japan’s Far Right Is Courting Young Voters"
Links for the day
Red Hat Being Phased Out of Existence (Like Many Other Companies That IBM Bought)
The "Red Hat" brand (and badge) is being dissolved some more today [...] IBM is imploding 'creatively'.
IBM Layoffs Cover-up
thelayoff.com is censoring threads
"Restricted Boot" Garrett's State is Now Implementing Kill Switches (Just What We've Warned About All Along)
The underlying concept is hardly new
Brett Wilson LLP Has Had No Annual Report in 16 Months
A cynic might hint that they try to hide something
Reform UK last minute accounts filing
Reprinted with permission from Daniel Pocock
Gemini Links 01/10/2026: "Babel With Better Hardware", Software Input That's Slop, and DWeb Cascadia 2026
Links for the day
Today is D-Day at Red Hat and People Leave in Droves
They said there would be "bluewashing", we're mostly seeing people announcing they're leaving
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 30, 2026
IRC logs for Wednesday, September 30, 2026
Gemini Links 30/09/2026: Fish Leather, Slop Formation, and ROOPHLOCH
Links for the day
In a Lot of Europe (or EU) Android (With Linux) is Bigger Than Windows
For example in Greece
Slop-Posting is a New Form of S---posting
We recently caught several more "linux" sites (with "linux" in their domain name) turning to slop
EPO Cocainegate: Lots of Money (Over a Million Euros) for Cocaine Addicts, Not for Children With Special Needs
Next month we'll bring out some more Campinos scandals
High Court victory: Nigel Farage is 'the Company's own candidate'
Reprinted with permission from Daniel Pocock
It Took GNOME's Code of Conduct Committee (CoCC) Over 8 Months to Realise CoC Reports Went Into /dev/null/
It would be ironic if the blunder's culprits were punished for it, would it not?
Links 30/09/2026: Microsoft "OpenAI Ignored Employees’ Warnings About Safely" and "Pentagon Personnel Agency Data Breach Impacts 3 Million People"
Links for the day
The Register MS "Events" As Paid Spam That Promotes and Keeps Afloat Hype About Slop
This dreary sort of media reads like a soup of words, i.e. like the thing it is advertising
Digital Independence in the UK and in Western Europe
We have the technical capacity and skilled personnel to achieve this
IBM's Anderon as a Mass Layoffs Ritual With a Bailout (From US Taxpayers to IBM) and Other Perks
Like those empty promises in the first term of the Cheeto dictator
Gemini Links 30/09/2026: David Bowie, Web Rendering Proxy, Ink and Letters, Gemlog Nostalgia
Links for the day
EPO Annual General Meeting (AGM) Will Speak of Financial State of the EPO's Union
Their work is needed because the EPO breaks the law
Rust Causes Upgrade Issues in Ubuntu
They could just keep GNU coreutils in place (nothing was broken about it) and avoid Microsoft's back doors and TPMs
Losses From Slop Are "Investment", Hundreds of Billions in Debt Are "Growth Opportunity", Layoffs Are "Great to See", and Loss of Business Means "We Need a Slowdown" (for "Safety")
Microsoft is removing staff, as investment is apparently the act of shrtinking
Brigading Against Women - Part XII - Toxic Masculinity, Hunting Women, Will Code for Sex
Who says things like these?
The Microsoft Lunduke Slop Problem
Microsoft Lunduke does not support Software Freedom; he serves to discredit many ideas championed by Free software or ideals articulated which are apolitical for the most part
Links 30/09/2026: "Understanding the LLM Bubble" and "Florida Senate Threatened Legal Action Against Newspapers"
Links for the day
It Looks Like Mass Layoffs at "Nordcloud, an IBM Company" Today (a Day Ahead of Red Hat)
Expect the same from Red Hat next
British Prime Minister Recognises Social Control Media as National Cohesion Problem
one has to wonder if addiction to social control media is not compatible with peace
The Future Isn't Social Control Media (Nothing Will be Left of It, Not Even Archives)
"Error code: 502 Bad Gateway"
GNU/Linux Usage in China is Increasing
China is leaving Microsoft and Windows behind
43 Years of GNU and GAFAM's (Especially Microsoft's) Attacks On It
GNU is very widely used (when people say "Linux commands" they typically mean "GNU programs"), hence it's being attacked a lot
CDMAG Covers Free Software, New Magazine From Decent People
If enough people accessed their site, they would not rely on social control media (third parties, censorship platforms)
Brigading Against Women - Part XI - An Abject Lack of Social Skills (and Not Knowing How to Handle Women)
GGG enjoy - if that's the right term - very bizarre or esoteric sex life
Gemini Links 30/09/2026: Accelerationism, "The Billionaire is Wrong", Rant About LLM-generated Support E-mails
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 29, 2026
IRC logs for Tuesday, September 29, 2026