A MAJOR court victory in India which will help protect and possibly even create jobs in Scotland’s whisky industry is being celebrated by trade body the Scotch Whisky Association.

With India being seen as one of the fastest growing markets for Scotch in the world, the Scotch Whisky Association (SWA) acted after three distilleries were seen to be advertising “Scotch” as part of their whisky concoctions.

In a legal “first” for Scotch, the SWA won permanent injunctions against Oasis Distilleries Ltd, Adie Broswon Distillers & Bottlers Pvt Ltd and Malbros International Pvt Ltd, preventing them selling whiskies they produce in India with references on their labels to “Scotch”, “Scotch whisky” or “Scotland”.

India’s spirits market is huge, but Scotch accounts for only one per cent of consumption, not least because of the 150 per cent protective tariffs on imports of Scotch bottled in Scotland, and attempts by Indian distilleries to claim they are using Scotch in their ingredients.

Kenneth Gray, senior legal counsel to the SWA, explained the court case and its importance to the industry.

He said: “The problem of misleading practices has to be addressed, whereby companies try to take unfair advantage of the success of Scotch.

“That’s why the industry is toasting a number of legal breakthroughs following recent court success in India to protect Scotland’s national drink.

“The court has prohibited the defendants from selling whiskies they produce in India with references on their labels to ‘Scotch’, ‘Scotch whisky’ or ‘Scotland’.

“The companies have also been prohibited from using any words, names, images or devices evocative of Scotland or Scotch whisky unless the product is genuine Scotch whisky.

“This court decision represents a number of legal ‘firsts’ that we have welcomed.

“This was the first action we raised using measures in the Spirit Drinks Verification Scheme.

“The scheme was launched in January 2014 to give consumers of Scotch whisky around the world even greater reassurance that what they are buying is the genuine article.

“It ensures that every part of the Scotch whisky supply chain, from distiller to bottler, across the globe, is mapped by the industry and registered with the UK Government to ensure it complies fully with all production and bottling rules.

“The proceedings related to three “whiskies”, Royal Arms, Blue Patrol and Malbros, all referring to Scotch whisky on their labelling.

“None of the three companies described as the bottlers of these brands were listed under the verification scheme.

“We said that the absence of verification suggested there was no Scotch Whisky in the products, meaning they infringed the SWA’s registration of ‘Scotch whisky’ in India as a geographical indication (GI).

“We also argued that the “additional protection” granted to Scotch whisky under the Indian GI Act meant no reference could be made to Scotch whisky in the labelling or advertising of a whisky produced in India, even if it contained some Scotch.”

The case got widespread publicity in India yesterday when details of the judgement were made public.

The Economic Times of India reported that the case “was decided in a record time of two months, one of the first disputes decided under the newly-created commercial courts ordinance in October 2015.

“Products brewed locally in India cannot allude to the word Scotch or Scotch whisky…especially since Scotch whisky was registered in India in 2009 as a geographical indication.

“The geographical indication was registered in India under the Geographical Indications of Goods (Registration and Protection Act), 1999.”

Gray said: “Such decisions can only be good for Scotch in India and consumers.”