Case Analysis: Scotch Whisky Association and ors. v. Golden Bottling

It is not new to recognize a product through its geographical location. This is a major factor to grant the status of geographical indication to the product. This case of Scotch Whisky Association deals with the same issue of GI status of scotch. This is an important case that is related to the “Geographical Indications of Goods (Registration and Protection) Act, 1999” . The main sections in question are section 20(1), section 20(2), and section 67. The TRIPS Agreement has also been in question as well. The Scotch Whisky Association won the battle with Golden Bottling in the year 2006. The case went to the Delhi High Court . The Court upheld what the plaintiffs contended. According to the plaintiffs, the word “scot” can be traced back to a Scottish origin. Thus, usage of “scot” by Golden Bottling in its own brand can be treated as a violation of WTO rules. The concept of “geographical indication on goods” had been talked about in the judgement of this case. The defendant, Golden Bottling is a Jaipur-based company. According to Scotch Whisky Association , “Scotch whisky by law must be produced in Scotland and is protected as a geographical indication under WTO rules.” SWA also revealed that a lot of Scottish whisky sold in India, are actually fake bottles. To bring the issue to notice, the plaintiffs had even referred to the “Scotch Whisky Act”, 1988 . The Court agreed that violation of intellectual property rights had been done by Golden Bottling. The article here deals with an overall analysis of this case. The facts, issues, arguments, findings, a brief analysis, have been mentioned in the article. The case was finally decided in the year 2006. Some other cases which are similar to the Scotch Whisky Association case, have also been mentioned in the article below. Some Indian products that have been granted the status of geographical indication, have also been mentioned briefly in this article below. A separate segment has been mentioned that talks specifically about the situation of GI in India.