2 months ago
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The near four-year legal battle over the definition of ‘Jamaica rum’ has ended with a decision to add the word ‘only’ to the criteria, a change that now clearly bars ageing of the spirit outside the island.
The change was one of eight guidelines added to the Jamaica Rum geographical indication by the Jamaica Intellectual Property Office, JIPO, to settle a legal dispute between National Rums of Jamaica Limited and the Spirits Pool Association. Top rum producer J. Wray & Nephew Limited also participated as an interested party.
The case was argued at a JIPO tribunal, with a final judgment delivered on October 2. It allows 24 months for overseas compliance.
The Financial Gleaner understands that some European rum producers have sought to age rum outside Jamaica while still calling it ‘Jamaica Rum’. The new ruling makes that problematic.
“The tribunal wishes to make it abundantly clear that ageing should only be carried out in Jamaica and therefore amends the register to include ‘only’ before ‘Jamaica’,” the judgment read. “The register shall now read: ‘Ageing shall be carried out only in Jamaica’,” it said.
National Rums of Jamaica Limited filed its case with JIPO in December 2020. The company is owned jointly by the Government of Jamaica; Demerara Distillers of Guyana; and West Indies Rum Distillery Limited of Barbados, which in turn is owned by Maison Ferrand of France.
“We are considering an appeal,” said National Rums CEO Martha Miller. “We need to digest the decision and its implications, not just for our company, but for the industry,” she told the Financial Gleaner.
The company will review the GI Act and explore legal options, she added. The GI law is known more precisely as the Protection of Geographical Indications Act.
The stricter guidelines put limitations on fermenting agents, places restrictions on genetically modified yeasts, makes an allowance for locally grown bacteria and yeast cultures, require that ageing takes place only in Jamaica in approved wooden barrels, that the barrels are no larger than 250 litres, and stipulates that only water and cane caramel can be added at the end of distillation.
Overseas producers have a two-year window to apply for certification under the Jamaica Rum GI standards, which will be issued by the Spirits Pool.
“We are relieved at the ruling, because we believe it is in the best interest of Jamaica and goes a long way in protecting intellectual property and Jamaican rum,” said General Manage of the Spirits Pool Association Limited, Christopher Gentles.
The decision is seen as a significant win in preserving the authenticity of Jamaica rum, a major contributor to the country’s economy, earning over US$160 million annually, according to the Spirits Pool.
Spirits Pool was formed in 1974 by member distilleries and sugar producers, building on the principles of the Rum Pool Agreement of 1932, according to its website. Its key functions include overseeing and managing the quality and quantity of rum produced by its members, facilitating sales to primary buyers, and ensuring specific rum varieties are consistently available.
“As a result of this ruling, our people will be assured that Jamaica Rum can only be produced in Jamaica using naturally filtered limestone water from limited and specific geographical zones, that is aged in small barrels no larger than 250 litres, made from food-grade wood, produced from sugar cane substrates, such as molasses and sugar cane juice, using special distillation stills made with copper. More importantly, that no sugar or other materials is added after distillation and it is aged only in Jamaica,” the Spirits Pool said in a statement.
The ruling “affirms the criteria that governs the production of Jamaica Rum and also safeguards its unique” taste and quality, it added.
The Spirits Pool represents four major distilleries, namely National Rums, J. Wray & Nephew, Worthy Park, and Everglades Farms Limited. The distilleries generally earn from their branded rums. National Rums, however, is mainly in the business of selling bulk rum to overseas markets.
The Jamaica Rum GI follows similar standards to those of the Jamaica Jerk GI. JIPO oversees both GIs, which were issued in 2016.
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