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15 November 2007 / Joanne Flack , James Fry
Issue: 7297 / Categories: Features , Intellectual property
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Scotch pirates on the rocks?

James Fry and Joanne Flack investigate whether new proposals to tighten what is, and is not, Scotch whisky could help to sink the international counterfeiters

For over 50 years, the Scotch whisky industry has been fighting to protect the lucrative Scotch whisky brand against counterfeiters who have sought to associate their products with the name which has become synonymous with quality.

Since the earliest documented record of distilling in Scotland in 1494, the brand has built a strong global reputation for quality which could be easily undermined by the circulation of substandard counterfeit goods.
Strong protection allows exclusive products to be sold at a premium. This is reflected in the value of the Scotch whisky brand, with the value of Scotch whisky exports topping £2.5bn in 2006. With over 70% of the cost of a bottle of Scotch whisky being attributable to taxation, producers are not the only interested parties. VAT and excise duty is worth millions annually to the UK Exchequer, and is set to continue increasing.

The international growth

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

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Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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