Protecting Scotch Whisky
Scotch Whisky is enjoyed by millions of consumers around the world, who choose it because of its quality, heritage and authenticity. Unfortunately, the reputation of Scotch Whisky has encouraged others to try to take unfair advantage of it.
It is crucial to the future of the industry that the reputation of Scotch Whisky is protected against all forms of passing off and unfair competition. The SWA has a Legal Affairs team whose job it is to protect Scotch Whisky around the world.
💼 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.
Director of Legal Affairs, Alan Park, on what the Legal Affairs team do to protect Scotch Whisky
Help us protect Scotch Whisky
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.
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 outside the UK
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 the maturation of Scotch Whisky
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.
We are recruiting: Legal Counsel
The SWA is seeking a Legal Counsel to join our Legal Affairs team.
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.
Scotch Whisky Technical File Amended
Following a public consultation, the amendment to the Scotch Whisky Technical File gives specific guidance on the range of casks which can be used to mature or finish Scotch Whisky.
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.
Protecting Scotch Whisky pages
Personal Investment in a Scotch Whisky Cask
Read our dedicated guidance for what to consider if you're thinking about investing in a cask of Scotch Whisky. Anyone quoting this guidance should not do so selectively and should provide clear links back to this page.