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.