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China Gives Scottish Whisky Trademark Legal Protection

Source: FLEXNEWS
18/08/2008

18 August, 2008 - Whisky producers in Scotland are celebrating after the Chinese Government said it would grant legal protection to its drink by enshrining the phrase 'Scottish Whisky' in the country's patent laws.

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The legal recognition will allow whisky makers in Scotland to take any alleged counterfeiters of their product to court in China. Major players such as the Edrington Group and Diageo have welcomed the move.

The development came following an application by the Scottish Whisky Association (SWA), which said the protection was the most stringent provided by the government. It added the cover would apply to the words ‘Scottish Whisky’ and its Chinese translation.

However, producers have also been cautioned to register patents for individual whisky trademarks in the country.

A SWA legal adviser described the decision to grant a stronger collective trademark to Scottish whiskey as “positive” and it would help protect producers from counterfeiters.

China is expected to become the fourth largest blended whisky market in the world. In 2007, some 17 million bottles of whisky from Scotland were shipped into the country.

Diageo Director of International Affairs Peter Smith said getting this definition and protection was “really important” and a “step forward”.

Ken Grier, director of malts at Edrington, said: "From an industry perspective, I think this is fantastic news because it puts us at the apex, with geographical indications such as Champagne and Parma ham. It gives us a high degree of protection and recognition."



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