Protecting Scotch Whisky
Director of Legal Affairs, Alan Park, on what the Legal Affairs team do to protect Scotch Whisky
Responsible for the worldwide protection of Scotch Whisky, at any one time, the Legal Affairs team will be handling between 60 to 70 cases in courts around the world, many more investigations and a substantial trademark caseload.
Discover how Scotch Whisky is protected
What is Scotch Whisky?
The basic definition of Scotch Whisky can be found in the UK Law. Scotch Whisky is whisky wholly produced and matured in Scotland. With the exception of Single Malt Scotch Whisky, it may be bottled overseas by verified companies but the only permitted additions are water and, if necessary, plain caramel colouring to adjust the final colour of the spirit. The use of any other additive, such as sugar, flavouring or other alcohol is illegal and means that the product cannot be sold as Scotch Whisky.
How do we protect Scotch Whisky?
Many countries have a definition of whisky to ensure consumers are not sold inferior spirits under the description 'whisky'. It is in the Scotch Whisky's interests to ensure that the reputation of whisky as a category is not damaged by the sale of inferior products as whisky, and to ensure that competitors do not gain an unfair price advantage, for example by selling molasses alcohol or unaged spirits as 'whisky' where that is not permitted.
If you come across any misleading marketing, or you have any other concerns about the marketing of whiskies or other whisky-based spirits, please contact the legal team at legal@swa.org.uk
Our guidance
Explore the guidance the Legal Affairs team have produced for bottlers and distillers.
Successes in 2023
At the end of 2023, our legal team reflected on some of their successes from the year that had been.
Why is protecting Scotch Whisky important?
John Laurie, Managing Director at Glenturret Distillery spoke to us on why protecting Scotch Whisky is so important for our member companies.
Legal Protection in the UK
Protecting Scotch Whisky from unfair competition is therefore 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 team
Q&A: Scotch Whisky Cask Specification
The legal requirements for Scotch Whisky have been be amended to broaden the casks allowed for maturation. Here we answer your questions.
Protecting Scotch Whisky news & commentary
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.
Joint statement with Macaloney Brewer & Distillers Ltd
A joint statement with Macaloney Brewer & Distillers Ltd
Decision over Glen Buchenbach upheld by appeal court
The SWA has won the legal case against the use of 'Glen' in Germany.
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.
Scotch Whisky secures GI protection in Cambodia
Cambodia is the latest country in which Scotch Whisky's geographical indication is officially registered.
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.