“Protocol” means the Banjul Protocol on Marks within the framework of the African Regional Industrial Property Organisation (ARIPO), adopted between the 15th to the 19th November, 1993. (2) Words or expressions to which a meaning has been assigned in the Protocol shall bear the same meaning when used in this section. (3) Subject to this section, the Protocol shall have the force of law within Zimbabwe. (4) Any trade mark which has been registered by the ARIPO Office in accordance with the Protocol and in respect of which Zimbabwe has been designated— (a) shall have the same effect, mutatis mutandis, as a trade mark registered under this Act; and (b) shall be accorded the same protection, mutatis mutandis, as a trade mark registered in accordance with section ninety-seven. (5) Subsection (4) shall apply to trade marks registered by the ARIPO Office before the date this Act comes into effect in accordance with the Protocol: Provided that the proprietor of any such mark shall not be entitled to damages or any other remedy for infringement of copyright in the mark which took place before that date. (6) The Minister shall cause a statutory instrument to be published in the Gazette setting out the provisions of the Protocol and any regulations made under the Protocol, and shall amend the statutory instrument whenever necessary to record any amendment of the Protocol or those regulations.”. New Section Inserted in Cap. 26:04 20. The principal Act is amended by the insertion after section 100 of the following section— “Collective Marks 100A.—(1). In this section— “collective mark” means a mark that is capable of distinguishing, in the course of trade, goods or services of persons who are members of an association from goods or services of persons who are not members of the association. (2) On application by the association concerned, a collective mark shall be registrable in such Part of the Register as the Controller may determine in terms of paragraph (e) of subsection (2) of section five. (3) Subject to subsection (2) and to any regulations made in terms of section one hundred and four, Part V shall apply, mutatis mutandis, to applications for the registration of collective marks, to their registration and to the duration and renewal of their registration. (4) Subject to this section, thus Act shall apply, mutatis mutandis, to registered collective marks in the same way as it applies to registered trade marks.”. Amendment of Section 104 of Cap. 26:04 21. Section 104 of the principal Act is amended in subsection (2)— (a) by the insertion after paragraph (e) of the following paragraph— “(el) the provision of services by the Trade Marks Office, including the provision of information regarding marks, and the fees and charges payable for such services;”; (b) by the insertion after paragraph (i) of the following paragraph— “(j) giving effect to any international treaty or agreement which relates to trade marks and to which Zimbabwe is a party.”. Minor Amendments to Cap. 26:04