The real thing

New Delhi, April 23: Whisky isn’t Scotch unless made in Scotland, Delhi High Court has ruled, barring an Indian company from using the words “Scot” or “Scotch” on the label of its product.

The court, which cited the WTO-Trips (trade-related intellectual property rights) agreement, could jolt the Indian liquor industry, which often uses these words to brand its whiskies.

The ruling came on a suit filed by Britain’s Scotch Whisky Association that sought to restrain Golden Bottling Ltd from using the label “Red Scot” or any other name containing the word “Scot” to sell its product. The court has asked Golden, which operates from Delhi and Alwar, Rajasthan, to pay damages of Rs 5 lakh to the UK association.

Recently, Madras High Court ruled similarly against Khoday Distilleries Limited, the manufacturer of Peter Scot.

The WTO (World Trade Organisation)-Trips agreement seeks to protect products with brand values and flavours unique to the geographical region in which they are produced. Till now, mainly wines and spirits are so protected.

The Indian government and several NGOs have been trying to get Darjeeling tea, neem and Basmati rice (whose patent has been granted to Rice-Tech of Texas) included on the list. There are plans to try and get similar protection for Kolhapuri chappals.