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

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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Iptegrity.com is the website of Dr Monica Horten, independent policy advisor: online safety, technology and human rights. Advocating to protect the rights of the majority of law abiding citizens online. Independent expert on the Council of Europe Committee of Experts on online safety and empowerment of content creators and users.  Published author, and post-doctoral scholar, with a PhD from the University of Westminster, and a DipM from the Chartered Institute of Marketing.  Former telecoms journalist,  experienced panelist and Chair, cited in the media eg  BBC, iNews, Times, Guardian and Politico.