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7 August 2018Trademarks

Scotch whisky obtains certification mark in South Africa

‘Scotch whisky’ is now a registered certification trademark in South Africa, which is the spirit’s seventh largest market by volume according to the Scotch Whisky Association (SWA).

It is one of the first foreign registrations of this sort in South Africa and will make it easier for the association to enforce its rights against counterfeit products.

Certification marks indicate that a product or service has certain characteristics, such as geographical origin.

Scotch whisky accounts for more than 20% of all UK food and drink exports, according to the BBC, with more than 1.2 billion bottles exported globally last year.

Last year, exports of Scotch whisky to South Africa increased by 20.7% to £144 million ($187 million), and nearly 100 bottles of the product were shipped there every minute.

The SWA promotes and protects the interests of the Scotch whisky industry around the world. Scotch whisky can only be made in Scotland, and the SWA said the product is worth almost £4 billion ($5.2 billion) in annual exports.

More than 100 other countries have granted ‘Scotch whisky’ specific legal protection to date.

Karen Betts, chief executive at the SWA, said the certification trademark of ‘Scotch whisky’ in South Africa is a “milestone for Scotland’s national drink in our largest export market in Africa”.

She added: “This registration offers Scotch whisky a greater degree of legal protection and will allow us to prosecute rogue traders who seek to cash in on the heritage, craft and quality of genuine Scotch.”

Speaking at the International Trademark Association’s Annual Meeting earlier this year, Lindesay Low, deputy director of legal affairs at the SWA, said that geographical indications are important IP assets when it comes to building consumer trust in a brand.

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More on this story

Trademarks
28 September 2016   ‘Scotch whisky’ has been registered as a certification trademark in Taiwan, in what the Scotch Whisky Association has called a “major legal breakthrough”.
Trademarks
7 June 2018   The Court of Justice of the European Union has ruled on a case in which a German individual was accused of violating the Scotch Whisky Association’s geographical indication rights.
Trademarks
3 December 2018   Negotiators at the European Council and the European Parliament have agreed on new rules covering the registration and protection of geographical indications covering spirits.