Traduction de «In the absence bad faith » (Anglais → Français) :

2. In determining the appropriate damages, the court shall take into account all relevant aspects, such as the economic consequences to the injured party of the infringement and the behaviour and the good or bad faith of the parties.

1. Where the proprietor of a Community trade mark has acquiesced, for a period of five successive years, in the use of a later Community trade mark in the Community while being aware of such use, he shall no longer be entitled on the basis of the earlier trade mark either to apply for a declaration that the later trade mark is invalid or to oppose the use of the later trade mark in respect of the goods or services for which the later trade mark has been used, unless registration of the later Community trade mark was applied for in bad faith.

2. Where the proprietor of an earlier national trade mark as referred to in Article 8(2) or of another earlier sign referred to in Article 8(4) has acquiesced, for a period of five successive years, in the use of a later Community trade mark in the Member State in which the earlier trade mark or the other earlier sign is protected while being aware of such use, he shall no longer be entitled on the basis of the earlier trade mark or of the other earlier sign either to apply for a declaration that the later trade mark is invalid or to oppose the use of the later trade mark in respect of the goods or services for which the later trade mark ...[+++] has been used, unless registration of the later Community trade mark was applied for in bad faith.

For the purposes of the first subparagraph, refusal in bad faith or refusal to enforce the contract by the data importer shall not include cases in which cooperation or enforcement would conflict with mandatory requirements of the national legislation applicable to the data importer which do not go beyond what is necessary in a democratic society on the basis of one of the interests listed in Article 13(1) of Directive 95/46/EC, in particular sanctions as laid down in international and/or national instruments, tax-reporting requiremen ...[+++]ts or anti-money-laundering reporting requirements.

His logic, if I can call it that, then concludes that the solution to the government's bad faith is to hoist the bill and the treaty so that the Nisga'a, who have bargained in good faith by Senator St. Germain's admission, should bargain again through compulsory arbitration.

If you have a short-line operator out there who is interested—and you've heard of the panel members prior to our discussion in here—who would like to start the process of negotiating for branch lines of whatever type, and the class one carrier refuses or avoids talking to them for a period of time—which, by definition, is bad faith according to the law—what we are looking for is an amendment to the act that would clarify and basically allow the negotiating process to start in good faith.