A.56 Banjul Protocol on marks Collective marks Invalidation of registration of collective mark Licensing of marks and collective marks 89. A mark in respect of which Botswana is a designated State, registered by ARIPO by virtue of the Banjul Protocol, shall have the same effect and enjoy the same protection in Botswana as a mark registered under this Act unless the Registrar communicates to ARIPO, in respect of the application therefor, a decision, in accordance with the provisions of that Protocol, that if a mark is registered by ARIPO, that mark shall have no effect in Botswana. 90. (1) Subject to subsections (2) and (3), sections 74 to 87 of this Act shall apply to collective marks, except that references therein to a mark shall be read as being references to a collective mark. (2) An application for the registration of a collective mark shall designate the mark as a collective mark and shall be accompanied by a copy of the rules governing the use of the collective mark. (3) For purposes of subsection (2), “rules” means the rules made by the person under whose control the collective mark may be used. (4) The registered owner of a collective mark shall notify the Registrar, in writing, of any changes made in respect of the rules referred to in subsection (2). 91. (1) In addition to the grounds set out in section 86 (1), the Registrar shall invalidate the registration of a collective mark if the person requesting the invalidation proves that only the registered owner uses the mark, or that he or she uses or permits its use in contravention of the rules referred to in section 90 (2), or that he or she uses or permits its use in a manner which is liable to deceive those in the trade or the public as to the origin or any other common characteristics of the goods or services concerned. (2) An application for the invalidation of a collective mark shall be served on the owner of the mark in the manner and within the time prescribed. 92. (1) Any licence contract made in relation to a mark shall provide for the effective control by the licensor of the quality of the goods or services of the licensee in connection with which the mark is used. (2) If the licence contract does not provide for quality control referred to in subsection (1), or if the quality control is not effectively carried out, the licence contract may be declared invalid or non-enforceable by the Court. (3) The registration of a collective mark, or an application therefor, may not be the subject of a licence contract. (4) A licence holder shall apply, in the prescribed manner and subject to the payment of the prescribed fee, to the Registrar to record, on the register, details about the licence contract made under subsection (1) and for such purpose the Registrar shall not require submission of the licence contract or a translation thereof, nor any indication of the financial terms of the contract. (5) A single request shall be sufficient to record a licence in respect of more than one registered mark if the registration numbers of all registrations concerned are indicated in the request, the holder of the marks and the licensee are the same for all registrations, and the request indicates, as prescribed, the scope of the licence with respect to all the registrations.