(b) their exportation was prohibited for the purpose of section 61 of the Customs and Excise Act [Chapter 23:02]; as the case may be. (7) The Director of Customs and Excise shall take all necessary steps to inform an importer or exporter or intended importer or exporter of goods whose importation or exportation is prohibited by virtue of this section of the reasons for the prohibition. (8) While any goods are detained pursuant to a request or an order under this section— (a) the proprietor at who see instance the request or order was made; (b) the importer of the goods; shall be given an adequate opportunity to inspect the goods in order to determine whether or not they are counterfeit trade mark goods. (9) Notwithstanding anything in the Customs and Excise Act [Chapter 23:02], a person shall not be liable to any penalty under that Act, other than forfeiture of the goods, as a result of their importation or exportation being prohibited by virtue of this section.”. Amendment of Section 97 of Cap. 26:04 18. Section 97 of the principal Act is amended— (a) by the insertion after subsection (4) of the following subsections— “(4a) An application in terms of this Act for the registration of a trade mark which is already registered in a Convention country— (a) of which the applicant is a national; or (b) in which the applicant is domiciled or in which he has a real and effective industrial or commercial establishment; shall be accepted unless the trade mark concerned— (i) is of such a nature as to infringe rights lawfully acquired by any person in Zimbabwe; or (ii) is not distinctive as referred to in section twelve or capable of distinguishing goods or services as referred to in section thirteen; or (iii) consists exclusively of signs which— A. serve, in trade, to designate the kind, quality, quantity, intended purpose, value, place of origin or time of production of the goods or services to which the trade mark relates; or B. have become customary in the established practices of the trade in Zimbabwe; or (iv) is contrary to morality or public order; or (v) is likely to deceive. (4b) Subsection (4a) shall apply notwithstanding that the mark sought to be registered in Zimbabwe may differ from the trade mark already registered in a Convention country in respect of elements that do not alter its distinctiveness and do not affect its identity in the form in which it was registered there.”; (b) in subsection (5) by the insertion after “proof of application” of “or registration”. New Section Inserted in Cap. 26:04 19. The principal Act is amended by the insertion after section 97 of the following section— “Banjul Protocol on Marks 97A.—(1) In this section—