The legal framework for Scotch Whisky in the UK
There are strict legal provisions which govern how Scotch Whisky is made, marketed and exported. The SWA helps to enforce these rules across our global markets.
Scotch Whisky has been defined by statute in the United Kingdom since 1933. The current definition is set out in the Scotch Whisky Regulations 2009 (“the UK Law”), which gives Scotch Whisky the best and most comprehensive protection that it has enjoyed to date. It covers every aspect of the making, bottling, labelling and promotion of Scotch Whisky.
In addition to its statutory protection, Scotch Whisky is also a Geographical Indication protected in UK and EU law, and in other markets across the world. To support Scotch Whisky’s GI status, there is a Product Specification which sets out the reputation and characteristics associated with Scotch Whisky and its main legal requirements. The Product Specification has the force of law and can be found here.
It is a requirement of all registered Geographical Indications that compliance with the Product Specification is checked by a verification authority. That verification authority is His Majesty’s Revenue & Customs (HMRC). Further details of the verification scheme can be found here.
The legal framework for Scotch Whisky in the UK news & commentary
Scotch Whisky Association celebrates increased legal protection for Scotland’s national spirit around the world
SWA comments on DEFRA English Whisky GI Consultation
The Scotch Whisky Association comments on the DEFRA English Whisky Geographical Indication Consultation
Scotch Whisky Association appoints new legal counsel
Sophie Airth will join its award-winning legal team of five lawyers and two paralegals.
SWA legal team toasts success in South Korea
In the first such case to use Scotch Whisky’s South Korean certification trade mark, which was granted in 2019, the Scotch Whisky Association (SWA) has successfully stopped the sale of fake Scotch Whisky which misleads consumers and damages legitimate trade.
SWA secures GI protection for Scotch Whisky in the Philippines
Scotch Whisky has become the first UK product to be granted Geographical Indication (GI) status in the Philippines.
Scotch Whisky Secures Trademark Protection in Hong Kong
Scotch Whisky now has trademark protection in Hong Kong for the first time.
SWA Legal Team Toasts WTR Awards Success as Best Not-for-Profit Organisation
The Scotch Whisky Association's Legal Affairs team has won its third World Trademark Review award in five years.
Joint statement: SWA and Lyre's
Joint statement from the Scotch Whisky Association and Lyre's.
The legal framework for Scotch Whisky in the UK pages
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