SpicyIP Tidbit:Scotch Whisky in China. India Next?


The international momentum and thrust on protecting Indigenous produce that merit G.I protection is fast catching up

Extension of equal protection to all goods (and not merely wines and spirits as stipulated in the TRIPS articles) and the demand for a multilateral register for G.Is’ was largely bruited upon at the recently held Doha round of talks at Geneva , albeit inconclusively.

Interesting international developments indicate that producers are fast waking up to the importance of acquiring a domestic G.I registration, but also seem to be moving towards getting a transborder G.I cover

Scotsman reports the Scotch Whisky Manufactures’ G.I victory in China

SCOTLAND’S whisky industry received a significant boost yesterday when it was given official legal protection in China.
The trade mark office in the country, which is expected to become the fourth-largest blended whisky market in the world, ruled that the phrase “Scotch whisky” would now be defined in law.

The deal to register a “collective trade mark” and protect Scotch whisky as a geographical identification followed an application by the Scotch Whisky Association (SWA).

The SWA said the protection – the highest granted by the Chinese state – would cover the words “Scottish whisky” and its Chinese translation.

This positive decision to grant stronger ‘collective trademark’ protection to Scotch is an important advance and will help to ensure Chinese consumers and Scottish distillers are protected from fake products.”

Would the SWA look towards India as the next jurisdiction to obtain a G.I mark for the malt?

Hail the Glenfiddich!

2 comments.

  1. AvatarGenericIPguy

    This would be interesting to see in India, considering the recent Supreme Court judgment on the use of the word ‘Scot’

    Khoday Distilleries Limited (Now known as Khoday India Limited)
    V/s
    The Scotch Whisky Association and others
    DATE OF JUDGMENT: 27/05/2008

    Reply

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