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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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