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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.
IPtegrity commentary
- EU law set for new course on child online safety
- MEPs reach political agreement to protect children and privacy
- UK border safety alert - mind the capability gap
- What? Will UK government ignore security as it walks away from EU?
- Betting on a costly space race: MPs probe OneWeb satellite deal
- Disrupting supply chains: how leaving the Single Market means systemic breakdown
- Big tech and anti-trust: an ill-fitting suit?
- Schrems ruling puts a spoke in UK data flows from 2021
- Digital rights - why they matter in a time of coronavirus
- EU upload filter - Germany's crucial deciding vote
- Copyright Directive upload filter - why EU Council should block it
- Data and Brexit - a mis-calculation?
- EU lawmakers seek to protect free speech in online content rules
- How Brexit rips up business models Part 2: visas for money and music
- How Brexit rips up business models Part 1: putting back barriers
- Norwegian Blue or Super-Canada - is there any life in this parrot?
- EU Copyright Directive - who pays the bill for the upload filter?
Published work
- Algorithms Patrolling Content: Where's the Harm?
- Content responsibility: The looming cloud of uncertainty for Internet intermediaries
- Freedom of Expression, Human Rights Standards and Private Online Censorship
- The Policy Challenge Of Content Restrictions: How Private Actors Engage The Duties Of States
- Internet Policy Review - The Aereo dilemma and copyright in the cloud
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About Iptegrity
Iptegrity.com is the website of Dr Monica Horten. I am an independent policy advisor, with expertise in online safety, technology and human rights. 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.