Scotch Becomes Protected

24 November 2009

By Ben Evans

Whisky distilleries all over Scotland will have been celebrating new regulations drawn up by the UK government.

These new regulations came into force on 23 November 2009 and provides that:

There are different categories of Scotch Whisky; Single Malt Scotch Whisky, Single Grain Scotch Whisky, Blended Malt Scotch Whisky, Blended Grain Scotch Whisky and Blended Scotch Whisky. It is compulsory to print these categories on all labels;

Single Malt Scotch Whisky must be bottled in Scotland;

Scotch Whisky must be wholly matured in Scotland;

A distillery name cannot be used as a brand name for Scotch Whisky unless the whisky has been wholly distilled in that distillery;

Five traditional whisky producing regions are to be protected: Campbeltown, Highland, Islay, Lowland and Speyside;

Among of course many other new rules and regulations.

The Scottish Secretary of State has stated: It is vital that we protect our key industries. We cannot allow others to trade off our good name and to pass off inferior whisky as being produced in Scotland. These regulations will help protect whisky customers across the globe. New labelling rules will also mean that customers will have a clearer understanding about precisely where and how their drink has been produced. This will enhance the education of many whisky drinkers as well as their enjoyment."

The chief executive of the Scotch Whisky Association (SWA) said: "This is landmark legislation for Scotch Whisky delivering important benefits for consumers, distillers, and the economy. Additional protection, including the requirement to bottle Single Malt Scotch Whisky in Scotland, helps safeguard Scotch from unfair and deceptive practices; the new labelling rules provide a unique opportunity to promote consumer understanding of Scotch worldwide. These regulations have the strong backing of the Scotch Whisky industry."

It will be interesting to see if any cases are brought under this legislation and how it is dealt with by the rest of Europe.

Ben Evans is a trainee solicitor specialising in intellectual property and information technology law.