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Whisky Business: The importance of brand protection in a competitive market published by Innovations in Food Technology

The global buzz around Scotch Whisky shows no sign of abating. The value of Scotch Whisky exports hit £6.2bn in 2022. Bottles of Scotch Whisky were exported to around 180 markets worldwide and accounted for 77% of Scottish food and drink exports and 25% of all UK food and drink exports. According to data compiled by The Scotch Whisky Association, the Asia-Pacific region overtook the EU as the Scotch Whisky industry’s largest regional market with double-digit growth in Taiwan, Singapore, India and China.

In our latest piece published by Innovations in Food Technology, Jason Chester discusses how the stark popularity of Scotch Whisky, means it is undoubtedly susceptible to counterfeits and trade mark infringement. Jason emphasises the importance of a robust IP strategy as he considers the effectiveness of preventative legislation and explains how counterfeiters often read between the lines to exploit the global demand without infringing the product’s registered IP rights

The popularity of Scotch Whisky and its recognition as a market-leading premium product unfortunately increases the risk of counterfeits and trade mark infringement as counterfeiters look to exploit the global demand. Many countries around the world have implemented legislation that prevents products from being called, or giving the impression that they are, “Scotch Whisky”, where they have been produced outside of Scotland or do not conform to the specific production requirements. In the UK and EU, “Scotch Whisky” is protected through specific regulations and as a “Protected Geographical Indication”, which enables action to be taken where an illegitimate product claims to be “Scotch Whisky”. The UK has also entered into trade agreements with numerous countries around the world, which provide protected status for “Scotch Whisky” in exchange for reciprocal protection in the UK for foreign products.


food & drink, anti-counterfeiting, brands & trade marks, yes, newsroom