Legal Report 2012
07 May 2013
Foreword by Gavin Hewitt, SWA Chief
Promotion and protection of Scotch Whisky are the two
fundamental objectives of the Association. Protection is the
primary role of Legal Affairs Department; the work of the
department ranges from legal actions to take fake Scotch Whisky off
the market to putting in place, usually in liaison with
governments, the right regulatory provisions on the production and
authentication of Scotch Whisky to ensure that the consumer gets
what he asks for. It is to the department's credit that no
jurisdiction in the world has ever ruled that Scotch Whisky can be
made anywhere but Scotland. That Scotch Whisky can only be made in
Scotland is the backbone of the industry's success.
To do the job, the Association has one of the top intellectual
property legal departments in the country. The Association is lucky
to have such a committed and enthusiastic team.
I hope you enjoy reading about what the lawyers have been doing
over the past year to look after Scotch Whisky in some of the 200
markets to which our member companies export around the world.
Their work is unremitting, but essential.
You can help the lawyers do their work by reporting to the
department if and when you come across brands that look suspicious,
as is explained in one of the articles.
- Introduction by Glen Barclay, SWA Director of Legal
- Registration of Scotch Whisky for protection
- Focus on Curacao, Italy and China by Lindesay Low, SWA Legal
- Focus on India by Kenneth Gray, SWA Legal Adviser
- Focus on Australia and Thailand by Alan Park, SWA Legal
- Focus on trade marks by Magnus Cormack, SWA Senior Legal
- Fake "Scotch Whiskies" and "whiskies" in the UK
- Imports of Indian Whisky into the EU
- How you can help protect Scotch Whisky
- How do we know it's not Scotch Whisky?
- Guidance on legal compliance
- How investigators can help with brand development and
protection, Graham Robinson, Managing Director of Farncombe