Protecting Scotch Whisky
Director of Legal Affairs, Alan Park, on what the Legal Affairs team do to protect Scotch Whisky
Help us protect Scotch Whisky
Did You Know?
At any one time, the Legal Affairs team will be handling many cases in courts around the world, investigations into suspicious products and objections to trademark registrations.
The Legal Affairs team looks after the legal framework which protects Scotch Whisky and provides guidance to the trade on compliance with the law.
What is Scotch Whisky?
The basic definition of Scotch Whisky can be found in UK law. In summary, Scotch Whisky is:
- Mashed, fermented, distilled and matured in Scotland from only cereals, water and yeast
- Matured for a minimum of 3 years in oak casks not exceeding 700 litres
- Bottled at a minimum strength of 40% abv
- Distilled below 94.8% abv so that it retains the flavour and aroma derived from its raw materials
- No flavouring or sweetening is permitted
Categories of Scotch Whisky
UK law defines five categories of Scotch Whisky:
Why is protecting Scotch Whisky so important?
John Laurie, Managing Director at Glenturret Distillery spoke to us on why protecting Scotch Whisky is so important for our member companies.
Discover how Scotch Whisky is protected
Our guidance
Explore the guidance the Legal Affairs team have produced.
Q&A: Allowable Casks for Maturation
Download a copy of our guidance here
Personal Investment in a Scotch Whisky Cask
Download a copy of our guidance here
The legal framework for Scotch Whisky in the UK
Protecting Scotch Whisky from unfair competition is one of our top priorities. Strong legal protection forms the solid foundation on which the industry’s success is built.
Protecting Scotch Whisky worldwide
As a registered "Geographical Indication" (GI) in many overseas markets including the EU, Scotch Whisky is protected from misuse, imitation, evocation and any other practice liable to mislead consumers.
Help us protect Scotch Whisky
Take a look at our guide on how to spot fake Scotch Whisky, and how to report it to the SWA Legal Affairs team
Q&A: Allowable casks for maturation
The legal requirements for Scotch Whisky have been amended to broaden the casks allowed for maturation. Here we answer your questions.
Protecting Scotch Whisky news & commentary
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.
SWA releases new guidance on personal investment in Scotch Whisky casks
The SWA has published guidance for individuals looking to invest in Scotch Whisky casks.
SWA legal team wins 'Team of the Year' award
The SWA has been recognised for its work to protect Scotch Whisky at an awards ceremony in Boston.
SWA Comments on Glen Buchenbach case
Our case against Glen Buchenbach presented clear and compelling evidence to the court that 'Glen' is strongly associated with Scotland and Scotch Whisky, and the only reason to use 'Glen' for a German whisky is because of its undoubted association with Scotch Whisky.