Achi news desk-
The case centered on a brand called Dian The Legend Scotch Whisky, which the SWA said was labeled as produced in Jordan rather than Scotland, and with a strength of just 35% alcohol by volume (ABV) rather than the legal minimum of 40%.
SWA’s legal team filed a criminal complaint against the seller, and following a letter of support from the British Embassy in Seoul, a raid was carried out on the seller’s premises, leading to the seizure of a significant number of counterfeit Scotch Whiskey bottles bearing the brand. . The seller was charged and the case was brought before the Busan District Court.
READ MORE: Scotch Whiskey boosts UK economy by £7.1bn
The SWA said the court agreed that the seller had breached Scotch Whiskey’s certification trademark and imposed an eight-month prison sentence on the company’s sole director, suspended for two years, and a fine of around £160,000. An appeal by the seller failed.
The South Korean market is the 15th largest in the world by value for Scotch Whisky, and will grow by 67% in 2023, compared to pre-pandemic levels.
With more than 14.3m bottles exported to South Korea in 2023, and the wider Asia Pacific market receiving almost a third of all Scotch Whiskey exports in 2023, protecting consumer confidence in Scotch Whiskey is essential for continued growth.
READ MORE: Scotch sales fears over fake Russian whisky
Caitlin O’Donnell, senior legal counsel at the SWA, said: “Although South Korea is generally free of counterfeit Scotch Whisky, we work closely with our local agents and member companies to investigate any suspicious products.
“We are pleased to have been able to halt further production of this brand and remove it from the shelves, ensuring that it can no longer take advantage of the reputation of Scotland’s national drink.
“The effective protection of intellectual property, through legal frameworks such as certification trademarks and geographical indication status, allows us to protect Scotch Whiskey worldwide.”
READ MORE: Whiskey ‘sanctions’ fail amid record imports
The national asset is under attack from fake and illegal markets around the world including Russia and China.
The Herald also reported that Russia had a record year for imports despite a self-imposed ban on companies exporting to the country following its invasion of Ukraine.
Customs figures from the Kremlin show whiskey imports of more than $350m in 2023, the highest to date.
Russia also increased its production of fake Scotch amid the crunch of international sanctions. The SWA made a record number of official objections for new Russian trademarks.
Recent figures showed that the Scotch Whiskey industry contributed £7.1bn to the UK economy in 2022. The SWA report also showed that the industry supports 66,000 jobs across the UK, 41,000 of which are in Scotland.
The SWA said the basic definition of Scotch Whiskey is that it is made in Scotland from only grains, water and yeast, matured for at least three years in oak casks, bottled at a strength of at least 40% abv, distilled below 94.8% abv. so that it retains the flavor and aroma derived from its raw materials, and no flavoring or sweetening is allowed.
