New protected status for Single Malt Welsh Whisky

Single Malt Welsh Whisky was successfully registered under the UK Geographical Indication (UKGI) scheme as of 24th July 2023 –  protecting its name, authenticity and characteristics.   Single Malt Welsh Whisky to be protected - GOV.UK (www.gov.uk)

Food, drink and agricultural products with a geographical connection or that are made using traditional methods can be registered and protected as intellectual property. This protection is called a geographical indication (GI).

GI protection guarantees a product’s characteristics or reputation, authenticity and origin. It protects the product name from misuse or imitation.

  • The UK GI schemes protect registered product names when they are sold in Great Britain (England, Scotland and Wales).
  • The EU GI schemes protect registered products names when they are sold in Northern Ireland and the EU.

All product names protected in the EU on 31 December 2020 following successful applications to the EU GI schemes are protected under the UK and EU GI schemes.

An individual or business does not own a GI. Any producer can make and sell a product under a registered product name if they:

  • follow the product’s specification
  • are verified to do so

A GI is different to a trade mark. A trade mark belongs to the business that registered a product brand for protection.

Now it is successfully registered under the UK Geographical Indication (UKGI) scheme this gives Single Malt Welsh Whisky the same status as other Welsh fare like Gower Salt Marsh Lamb and Welsh Leeks, today at the Royal Welsh Show.

It is the first new UK spirit drink application to be registered and protected under new scheme – created after Brexit - and joins other classic British products receiving protection such as Scotch Whisky, Melton Mowbray Pork Pies and Cornish Clotted Cream.

It means consumers can be confident that the product they are buying is genuine and the efforts of producers are protected from imitation products. The scheme provides a guarantee to consumers that the product they are buying is the authentic local Single Malt and protects Single Malt Welsh Whisky producers from imitation products.

Single Malt Welsh Whisky is made using malted barley and water of 100% Welsh origin, with each step of the production process taking place in Wales, from brewing to bottling. The moderate and damp Welsh climate allows for an even rate of maturation, producing a smooth and refreshing flavour.

All product names registered under the UK GI schemes, or as a traditional term for wine, are held on the following registers:

  1. Protected food names scheme register: protected designation of origin (PDO) and protected geographical indication (PGI)
  2. Protected food names scheme register: traditional speciality guaranteed (TSG)
  3. Protected spirit drink names scheme register (*Where Welsh Whisky is now registered)
  4. Protected wine names scheme register
  5. Protected aromatised wines scheme register
  6. Traditional terms for wine register

Food businesses can apply to protect a new product name and add it to the UK GI scheme registers. There are 4 UK GI schemes. Use the following guidance for the relevant product type:

It is also possible to apply to protect a traditional term for a wine product.

Producers in Great Britain will need to secure protection under the UK GI schemes before applying to the EU schemes to protect a product name in Northern Ireland or the EU.

To use a product name that’s on the UK GI scheme registers, producers must:

  • follow the published product specification
  • be verified to make and sell the registered product
  • use the registered GI product name and relevant logo correctly

Food producers could be in breach of the regulations if they do not follow the UK GI scheme rules and logo rules.

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Every piece of content we create is correct on the date it’s published but please don’t rely on it as legal advice. If you’d like to speak to us about your own legal requirements, please contact one of our expert lawyers.

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