Geographical Indications (GI)

A Toast to Scotch Whisky

Summary

The post announces the recent GI registration of Scotch whisky in all 17 countries that are members of the African Organization of Intellectual Property (OAPI). This legal recognition, led by the Scotch Whisky Association, further protects the integrity and authenticity of Scotch whisky in international markets. The GI status ensures that only whisky produced in Scotland according to strict regulations can be marketed as Scotch whisky in these African countries. The post also highlights the historical background of the Scotch Whisky Association and its ongoing efforts to guard against counterfeits. Notably, Scotch whisky was previously granted GI status in India, establishing its precedence in international protection for spirit drinks.

Scotch Whisky Receives GI Registration Across OAPI Member Countries

Scotch whisky has received geographical indication (GI) registration in all 17 countries that are members of the African Organisation of Intellectual Property (OAPI). The member states are Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Comoros, Equatorial Guinea, Ivory Coast, Gabon, Guinea, Guinea-Bissau, Mali, Mauritania, Niger, Republic of Congo, Senegal and Togo. The Scotch Whisky Association (SWA), the industry trade body, was responsible for the application. The status was officially granted during a ceremony held at the African Intellectual Property Organisation (OAPI) in Yaoundé, presided over by the General Manager of OAPI, Dr. Paulin EDOU EDOU.

Background: The Scotch Whisky Association

Scotch whisky has been produced in Scotland for more than 500 years and has been exported for more than 200 years. The Wine and Spirit Brand Association, established in 1912, changed its name to the Whisky Association in 1917, which in turn became the Scotch Whisky Association (SWA) in 1940. The SWA has consistently sought to protect the authenticity of Scotch whisky and to ensure that consumers are not supplied with counterfeit products bearing that designation.

Technical Definition Under the Scotch Whisky Regulations 2009

The GI registration is supported by a technical file that defines the product. According to a UK Scotch Whisky technical file in support of the Scotch whisky GI:

Scotch whisky means a whisky produced in Scotland that has been distilled in Scotland from water and malted barley to which only whole grains of other cereals may be added all of which have been processed at that distillery into a mash, converted into a fermentable substrate only by endogenous enzyme systems and fermented by the addition of yeast. It has to be distilled at an alcoholic strength by volume of less than 94.8%, its production that has been matured only in oak casks of a capacity not exceeding 700 litres, that has been matured only in Scotland for a period of not less than three years, maintains the colour of plain caramel that has a minimum alcoholic strength by volume of 40%.

The GI registration supports the integrity of Scotch whisky as a product made in Scotland according to the Scotch Whisky Regulations 2009.

Prior GI Protection: India

In 2009 the SWA applied to obtain GI status for Scotch whisky in India. It received the GI tag in 2011. Scotch whisky is the first spirit drink to be protected as a GI in OAPI and in India.

Disclaimer

This article is for general information and does not constitute legal advice. Readers should consult a qualified attorney before acting on any matter discussed here.