header-logo header-logo

15 November 2007 / Joanne Flack , James Fry
Issue: 7297 / Categories: Features , Intellectual property
printer mail-detail

Scotch pirates on the rocks?

James Fry and Joanne Flack investigate whether new proposals to tighten what is, and is not, Scotch whisky could help to sink the international counterfeiters

For over 50 years, the Scotch whisky industry has been fighting to protect the lucrative Scotch whisky brand against counterfeiters who have sought to associate their products with the name which has become synonymous with quality.

Since the earliest documented record of distilling in Scotland in 1494, the brand has built a strong global reputation for quality which could be easily undermined by the circulation of substandard counterfeit goods.
Strong protection allows exclusive products to be sold at a premium. This is reflected in the value of the Scotch whisky brand, with the value of Scotch whisky exports topping £2.5bn in 2006. With over 70% of the cost of a bottle of Scotch whisky being attributable to taxation, producers are not the only interested parties. VAT and excise duty is worth millions annually to the UK Exchequer, and is set to continue increasing.

The international growth of Scotch whisky has resulted in a wave of investment

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll