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Hong Kong grants Scotch whisky protection
Scotch whisky has been registered as a certification trademark in Hong Kong, enhancing legal protection for the category.
Trade body the Scotch Whisky Association (SWA) successfully registered the category in the market, meaning that the descriptor ‘Scotch whisky’ can only be used on whisky produced in Scotland in line with production and labelling requirements.
Rules state that Scotch must be made from the raw materials of water, cereals and yeast, and matured in the country for at least three years in oak casks.
Prior to the trademark gain in Hong Kong, the protection of Scotch depended on the law of passing off, which would involve expensive and complex court proceedings, the SWA said.
Lindesay Low, SWA’s deputy legal director, said: “Hong Kong is an increasingly important market for Scotch whisky, with exports to the region worth more than £31 million [US$39.6m] in 2022.
“Improving protection of Scotch whisky in developing markets is a priority for the SWA legal team, as consumers in these markets explore and expand their knowledge of Scotland’s national drink.
“Hong Kong’s recognition of the Scotch whisky certification trademark gives consumers in the market the confidence and certainty that what they are purchasing is the genuine quality product.”
The SWA said Hong Kong is now one of more than 100 global markets to have officially recognised Scotch whisky as a product from Scotland.
Brian Davidson, British consul general to Hong Kong and Macao, added: “This milestone recognises Scotch whisky as a symbol of Scotland’s rich heritage and craftsmanship. We are grateful for the continued appreciation shown by Hong Kong consumers – they can now have even more confidence in the provenance of Scotland’s beloved national spirit.”
The category is protected as a geographical indication (GI) and a trademark in Mainland China and as a GI in Macao. Scotch was also registered as a trademark in South Korea in 2019.
Scotch whisky exports by volume and value declined during the first half of 2023, as the sector failed to meet the sales surge seen during the same period last year.