St. Lucia Distillers Limited has applied for the registration of a geographical indication “SAINT LUCIA RUM” under the Geographical Indications Act, Cap. 13.14. A Geographical indication is used to identify products that have characteristics originating from a specific place or region which in turn has effect on the product’s quality and reputation.
A Geographical Indication allows any interested person, producer or consumer to prevent a person, through presentation or designation, from falsely claiming and misleading the public that a product originates from a specific region it does not.
Indications excluded from protection under the Geographical Indications, Act include:
- Indications not corresponding to the definition: Any indication that does not meet the definition of a geographical indication as specified in the Act is excluded from protection.
- Indications Contrary to Public Order or Morality: Indications that are contrary to order or morality are not protected
- Indications Not Protected or Fallen into disuse in the Country of Origin: Geographical indications that are not or cease to be protected in their country of origin.
The application by Saint Lucia Distillers seeks to ensure that the production of St. Lucia Rum must take place on the island of St. Lucia. The application set outs the unique characteristics of rum production in Saint Lucia.
The application concerns all aspects of the production of the rum in Saint Lucia and sets out the technical specifications required by a producer in order to be permitted to use the indication “Saint Lucia Rum” to describe their product. Notably, the application requires that a producer comply with the following:
- Sugarcane juice used in the production of the rum is derived from sugarcane grown on the island of Saint Lucia;
- Saint Lucia Rum must be aged and matured in sealed new or used American and/or European oak casks or other wooden casks as required only on the island of Saint Lucia; and
- Blending of Saint Lucia Rum must take place on the island of Saint Lucia.
The use of geographical indications in alcohol production is not a novel approach, “Scotch Whisky” and “Champagne” are well known Geographical Indicators that serve a useful commercial purpose. Why Saint Lucia Distillers Ltd has taken this approach remains an open question, but it will have the practical effect of ensuring that goods marketed as Saint Lucia Rum are produced in Saint Lucia. In particular it will have the effect of prohibiting the development of a recent trend of blended rums that may have been blended on island but not actually produced from sugar cane grown in Saint Lucia nor aged in Saint Lucia.
Notice of its application was published in the Saint Lucia Government Gazette on the 5th August, 2024, any interested person or competent authority may within three months give notice of opposition in relation to the application.
Written by D. Victor C. Elliott-Hamilton. A Partner in Elliott-Hamilton Law, with responsibility for the firm's dispute resolution practice.
Written by D. Victor C. Elliott-Hamilton. A Partner in Elliott-Hamilton Law, with responsibility for the firm's dispute resolution practice.