Distilleries clash in Jamaican Rum IP debate over protected geographical indications

In Jamaica, rum isn’t just widely renowned as the island’s national drink — it’s a symbol of cultural heritage that dates to the 17th century. Celebrated in life's big moments — such as christenings, weddings and funerals — rum is as quintessentially Jamaican as the island's music and landscapes.

However, a recent change to the Jamaican law of what constitutes ‘Jamaican Rum’ has provoked great debate among distillers — with some claiming that the product is deserving of enhanced geographic intellectual property (IP) protection.

Here, Eddy Martin and Hayley Morgan explore how protected geographical indications (GIs) work as part of this ongoing dispute and outline several other ways in which food and drink products could be protected by IP rights.

Defining authenticity — protected geographical indications

Most of us are likely to be familiar with the concept of protecting a brand through registered trade mark protection. However, such protection is unsuitable for terms that merely describe a particular product or its origin and/or need to be free for use by a number of different entities.

GIs are signs used on products that originate from a specific geographical origin and/or possess certain qualities or a reputation because of that origin. 

Examples in the UK would include Stilton Cheese — which must be produced in the counties of Derbyshire, Leicestershire or Nottinghamshire — as well as Scotch Whiskey and Melton Mowbray pork pies.

What makes a Jamaican Rum?

The Jamaican Protection of Geographical Indications Act provides the legal framework for the protection of GIs in Jamaica. Jamaican Rum has been recognised as a protected GI under this act since 2016. Having protected GI status safeguards the authenticity of Jamaican Rum — ensuring that only those rums that meet specific quality standards and originate from a certain region can be classed and marketed as a Jamaican Rum.

In October 2024, the Jamaica Intellectual Property Office (JIPO) amended the GI distinction for Jamaican Rum to require that rum can only be called ‘Jamaican Rum’ if it has been aged in Jamaica (among other requirements). This change is supported by the Spirits Pool Association (SPA), which represents Jamaica's six major distilleries.

The SPA asserts that aging rum abroad diminishes the distinctive characteristics of the product, which are intrinsically linked to the island's climate, culture and heritage. Furthermore, the SPA argues that by exporting rum for aging abroad, domestic businesses miss opportunities such as refining, bottling, labelling and distribution. Through this, the SPA seeks to secure the EU’s Protected Geographical Indication (PGI) status for Jamaican rum, which would enhance its protection as a premium spirit in major markets such as the US and the EU. 

However, National Rums of Jamaica (NRJ) — which owns two Jamaican distilleries — opposes the amendment. NRJ's business model depends on exporting rum in bulk and aging it abroad. This means that following the JIPO’s amendment to the GI, NRJ can’t continue to market its rum product as ‘Jamaican Rum’ — something that would severely disrupt NRJ’s brand. NRJ’s case is that Jamaican rum has been aged abroad for hundreds of years. 

As a result of this disagreement, NRJ has lodged an appeal against JIPO’s ruling, with a hearing listed for 28 April 2025. As this dispute unfolds, the outcome is likely to significantly impact the future of Jamaican Rum producers as well as Jamaican Rum’s global reputation as premium product. 

Benefits of protected geographical indications

This dispute highlights the benefits that GIs can bring to certain regional products and those who produce those products. 

Products that are afforded GI protection can command prices that are 1.5 to 2.7 times higher than products that are otherwise equivalent. 

GIs also prevent a product from becoming too generic and losing its prestige and value. This can be seen with cheddar cheese, which originates from cheese made in the village of Cheddar in Somerset but is now a general term for a type of cheese worldwide.

Available IP protections for food and drink products 

While GIs are only available to certain products, all businesses — including food and drink manufacturers — should give serious consideration to their own brands and how to protect them.

Recipes and methods of manufacture are most effectively protected through keeping the information confidential. Well-known examples of where keeping a recipe secret has been successful include KFC’s original recipe chicken and Coca Cola's formula. 

Brands are most effectively protected through registered trade mark rights, while original packaging and labels may be afforded copyright protection. 

New product and packaging designs may be protected as registered designs but could also benefit from trade mark protection — think the peaks of Kraft Foods’ Toblerone bar. It may further be possible to seek patent protection for novel inventions, such as those relating to innovative packaging.

Talk to us

As this dispute RUMbles on, it’s an opportune time to consider the importance of protecting any unique elements of your business and brand. 

Our experienced intellectual property lawyers can help you to navigate the complexities of IP protection and maximise your return on investment. Whether you need assistance with securing registrations or defending, enforcing or managing your rights, we’re here to help. 

Talk to us by giving us a call, sending us an email or completing our contact form below.