The Jamaican intellectual property office (JIPO) recently approved amendments to the graphical indication (GI) designation for rum produced in Jamaica. The amendment was requested by the Spirits Pool Association (SPA), a trade organisation that has sought to speak on behalf of Jamaica’s six rum distilleries, and sees brands that age their rum oversees unable to claim the GI indication under trade mark law.
A GI designation can only be used when applying for a registered trade mark if the goods listed in the mark’s specification have characteristics that are attributable to a specific geographical origin. For example, a GI designation can be given to a mark containing the word champagne if the goods sold under that mark are from the Champagne region of France and will be rejected if this criterion is not met. In this instance, the amendments mean that a mark cannot contain the words Jamaican Rum if the goods within its specification are not produced and matured in Jamaica.
The amendments are currently only enforceable in Jamaica. The SPA argue that they must also be rolled out in the US and EU, two of the key markets for the export of Jamaican rum. It states that this would give Jamaican rum better protection against foreign competitors and boost its recognition as a premium product.
However, shareholders of two of the six distilleries are appealing the JIPO’s amendments. They have stated that this could be detrimental to their businesses on the basis that they rely heavily on exporting rum in bulk to age overseas, a practice they claim has been ongoing for centuries and would not be allowed under the new GI. The hearing for the appeal is scheduled for 28 April.
If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.
