Glasses are being raised across England following the approval of English Whisky for protection under the UK geographical indication scheme. Once the name is entered on the register on 1 October 2026, English Whisky will stand alongside Scotch, Welsh and Irish whiskies as a recognised whisky category across Britain and Ireland, reflecting its distinctive character and specified production methods.
The English Whisky Guild submitted the application on behalf of its members on 11 February 2022. The application was published for opposition on 19 February 2025 and, following its approval, the Secretary of State is due to enter the name on the register on 1 October 2026, when the legal protection will take effect.
Whisky production in England has expanded substantially since the revival of the industry in the early 2000s. The English Distillery, originally known as St George’s Distillery, began operating in 2006, and there are now more than 70 distilleries producing English whisky.
The approval of this new status, which has not been without its critics, provides a useful opportunity to revisit how the UK GI schemes operate.
The UK GI Schemes
Food, drink and agricultural products with a specific geographical connection, reputation or traditional method of production may be registered and protected as intellectual property.
GI protection guarantees a registered product’s characteristics or reputation, authenticity and origin, and protects its name against misuse or imitation. The UK GI schemes protect registered names when products are sold in Great Britain—England, Scotland and Wales. When products are sold in Northern Ireland or the European Union, protection is provided under the EU GI schemes.
A GI is not owned by an individual or business. In that respect, it differs from a trade mark, which is an exclusive right belonging to its registered proprietor.
Any producer may use a registered product name provided that it complies with the product specification and is appropriately verified. Producers wishing to use the English Whisky name must be verified under HMRC’s Spirit Drink Verification Scheme.
PDOs and PGIs
English Whisky will be protected under the UK scheme for spirit drinks as a geographical indication; it is not being registered as a protected designation of origin (PDO) or protected geographical indication (PGI). PDO and PGI are related forms of protection used principally for agricultural products, food and wine. A PDO generally requires the product to be produced, processed and prepared within the defined geographical area. For a PGI, at least one important stage of production, processing or preparation must take place in the area, and the product must possess a quality, reputation or other characteristic attributable to that area.
Conclusion
The UK GI system protects a wide range of names across separate registers for agricultural products and food, wine, spirit drinks and aromatised wine. English Whisky will therefore join a broad group of protected names that includes world-famous products such as Champagne, registered as a PDO for wine, and more specialised products such as Yorkshire Forced Rhubarb, registered as a PDO for food.
These are powerful legal mechanisms that protect a product’s reputation and reduce the harm caused by imitations. They can support market differentiation and value by increasing consumer confidence in a product’s quality, authenticity and provenance.
Businesses seeking protection for a product, and producers wishing to use a registered name, should consider the relevant IP requirements carefully. Failing to secure available protection—or inadvertently breaching the applicable rules—may place an individual or business at a commercial disadvantage.
Should you or your business have any queries related to Wine and Spirits or IP more generally, LBMW has an established practice in both areas. Please contact Ed Henderson (Ed.Henderson@LBMW.com) or Michael Anderson (Michael.Anderson@LBMW.com).