The Commission's understanding of ‘fair process’, as referred in Article 27.2 is that it is used in the same sense as in Article 41.2 of the TRIPS Agreement(1), which establishes that procedures concerning the enforcement of intellectual property rights shall be fair and equitable. ACTA being, to a considerable extent, based on the TRIPS Agreement, this was the basis for introducing in the area of Internet enforcement a principle which is already common to all the ACTA members (all also members of TRIPS) when implementing general enforcement procedures.

(1) Agreement on Trade-Related Aspects of Intellectual Property Rights, Annex AC of the Marrakesh Agreement Establishing the World Trade Organisation, signed in Marrakesh, 15 April 1994.