The Jamaica Intellectual Property Office (JIPO) accepted amendments to the geographical indication (GI) designation for Jamaica Rum. An appeal was lodged by one of the country’s biggest producers and is due to be heard later this month.
In October 2024, the JIPO approved a rectification of the Register of the GI for Jamaica Rum. The most contentious change has been the requirement that aged rum must be aged in Jamaica for a product legitimately to be labelled as “Jamaica Rum”. The amendment had been lobbied for by Spirits Pool Association Limited (the SPA), which holds itself out as a representative body for Jamaica’s six rum distilleries. National Rums of Jamaica Limited (NRJ), which owns two of the distilleries the SPA purports to represent, has brought an appeal against the JIPO’s decision.
The SPA’s reasoning is that a stronger GI would give the Jamaica Rum appellation a greater chance of official recognition in key export markets such as the US, EU and UK. Recognition in these markets could be of considerable value to the Jamaican rum industry. Jamaica Rum would likely command higher retail prices and products with a GI indication label may gain a market edge. There may also be opportunities for the region in terms of increased tourism, as enjoyed by France’s vineyards and Scotland’s whisky distilleries.
NRJ’s appeal seems to be driven by the fact that one of their shareholders, West Indies Rum Distillery, relies on a business model involving bulk exports of rum before ageing overseas. The updated requirements will not allow this method of ageing, which may in turn increase costs for West Indies Rum Distillery if they wish to retain the Jamaica Rum designation.
There is a parallel here with a dispute between Consorzio del Prosciutto di Parma (the Consortium) and the UK supermarket Asda over the slicing and packaging of Parma ham outside the Parma region. In that case, Asda argued that they should be able to slice prosciutto outside of Parma without losing the Parma designation, while the Consortium argued this breached the specifications. The processing requirements for the product were causing additional costs for Asda, which they sought to avoid.
Subject to the pending appeal, there may be implications for businesses in the UK maturing rum produced in Jamaica in terms of how they can market their products. If the SPA’s reasoning works, we may also start to see Jamaica Rum as a premium product on the shelves of UK shops.
LBMW are specialists both under the English law of passing off and on the EU regulations regarding Protected Designations of Origin ("PDOs") and Protected Geographical Indications ("PGIs"), particularly concerning wine and spirits. We are pleased to assist clients with the protection of existing brands for those with PDOs and PGIs as well as advising those with growing reputations in protecting their brand for the future.
If you would like to discuss any of the issues raised in this article, please contact Ed Henderson or Nigel Urwin on 0207 222 5381.