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Michael Blakeney (2012) Intellectual Property Enforcement: A Commentary on the Anti-counterfeiting Trade Agreement (ACTA)

The term 'fair process' which is used in Article 27.2-4, unlike the term 'due process', is not a term of legal art [...] it has been pointed out that in ACTA, the term 'fair process' is used in a quite different context to that in TRIPS, which was concerned with enforcement procedures. In ACTA, it is one of a list of fundamental principles mitigating liability which might be imposed on ISPs.

Footnote 89: See M. Horten 'ACTA: does the European Commission know fair process' http://www.iptegrity.com 19 October 2011.

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About Iptegrity

Iptegrity.com is the website of Dr Monica Horten. I am an  independent policy advisor: online safety, technology and human rights. In April 2024, I was appointed as an independent expert on the Council of Europe Committee of Experts on online safety and empowerment of content creators and users. I am a published author, and post-doctoral scholar. I hold a PhD from the University of Westminster, and a DipM from the Chartered Institute of Marketing. I cover the UK and EU. I'm a former tech journalist, and an experienced panelist and Chair. My media credits include the BBC, iNews, Times, Guardian and Politico.

Iptegrity.com is made available free of charge for non-commercial use. Please link back and attribute Dr Monica Horten.  Contact me to use any of my content for commercial purposes.