The Scotch Whisky Association (SWA) has unveiled an interactive map showcasing the breadth of legal protection for Scotch Whisky around the world. Scotch Whisky is specifically protected in a number of different ways around the world, including as a Geographical Indication (“GI”), through bilateral agreements between the UK and third countries, through Certification Trademarks or Collective Trade Marks, and in the domestic legislation of some countries.

These protections mean that the description “Scotch Whisky” can only legally be used on whisky wholly produced and verified in Scotland under the terms of the Scotch Whisky Regulations 2009 and Product Specification for Scotch Whisky. 

Considered the “gold standard” of protection, GI status provides a robust legal framework for action against any infringement. It allows court proceedings to be initiated against counterfeiters, with the possibility of damages, seizure, and even destruction of fake products.  

The trade association successfully registered “Scotch Whisky” as a GI in Azerbaijan at the end of last year. It was the latest market to grant Scotch Whisky GI protection and joins over 85 others in providing this specific level of legal protection. 

Different types of protection for Scotch Whisky do not deliver the same level of protection or the same effectiveness, with some markets offering one type of protection or another but little enforcement. The SWA’s Legal Affairs team works closely with in-market advisors to determine the best form of protection for Scotland’s national spirit. 

Alan Park, Director of Legal Affairs at the Scotch Whisky Association, said, “Scotch Whisky’s global reputation means that there are many who want to take advantage of it by suggesting that their products are Scotch Whisky when they are not. Strengthening protection around the world and taking action to prevent the sale of fake products to protect Scotland’s national spirit is a key priority for the SWA. 

“We thank the UK government and our local lawyers in different markets for their support in securing legal protections around the world, giving consumers confidence in the authenticity and quality of Scotch Whisky sold in their local market.”