Legal battle continues over what constitutes Jamaican rum

Rum is an integral part of Jamaica's cultural identity, but what exactly makes rum distinctively Jamaican? Currently, a dispute is brewing in the Caribbean island nation surrounding the definition of Jamaican rum, with some producers seeking to strengthen the rules governing what can be called "Jamaican rum."

In October of last year, the Jamaican Intellectual Property Office (JIPO) approved revisions to the Jamaican rum Geographical Indication (GI) that was initially established in 2016. The biggest change prohibits rum from being aged overseas. This amendment was proposed by the Spirit Pool Association (SPA), an industry body representing six Jamaican rum distilleries (including Appleton, Clarendon, Hampden Estate, Long Pond, New Yarmouth, and Worthy Park Estate), aiming to represent the interests of these distilleries with a unified voice.

The Spirit Pool Association believes that a stronger GI is needed in order for the appellation to gain official recognition in the European Union and the United States, its two main export markets. They state that this will allow Jamaican rum to better withstand competitors and enable more drinkers to recognize it as a premium product, produced to high specifications within a specific geographical location.

However, this revision has caused quite a stir in Jamaica, as one of the largest producers claims that it will put them out of business. This company is National Rums of Jamaica (NRJ), which owns 73% stakes in Long Pond and Clarendon. NRJ consists of three shareholders – the Jamaican government, Guyana's Demerara Distillers, and Barbados' West Indies Rum Distillery (Wird). Crucially, Wird has been owned by French spirits company Maison Ferrand since 2017, and its business model relies heavily on exporting rum in bulk and aging it overseas – something that would not be allowed under Jamaica's new GI.

NRJ argues that rum aged outside of Jamaica is still Jamaican rum, and that the island has been exporting and aging rum abroad for centuries. Therefore, NRJ is appealing JIPO's ruling, with a hearing scheduled for April 28. The Spirit Pool Association states that Wird only began objecting to the GI after being acquired by Maison Ferrand. Christopher Gentles, General Manager of the Spirit Pool Association, stated, "What we would say is, if you really believe in Jamaican rum, age it in Jamaica."

Rum is typically made by fermenting and distilling sugarcane molasses, a thick, syrupy substance left over from the production of refined sugar from harvested plants. Mr. Gentles said that aging rum before selling it is crucial, and that doing so outside of Jamaica invalidates the product's authenticity and uniqueness. Therefore, he added, "We're a little bit perplexed at NRJ's opposition." The Spirit Pool Association also points out that exporting and aging spirits overseas means that Jamaica misses out on value-added processes such as refining, bottling, labeling, and distribution, as well as other secondary benefits to the local economy such as rum tourism.

Dev Gangjee, a professor of intellectual property law at Oxford University, said that the use of geographical indications gives products uniqueness and unlocks three potential sources of value. "The first is a simple price premium. Research shows that products can charge 1.5 to 2.7 times the price of a standard product." He added that this is not always reflected in profits, as geographical indication products often have higher manufacturing costs. The second reason is that "they anchor production in the region." This can prevent the product from becoming generic and losing its value – much like cheddar cheese, which originally came from a specific region in England but has now become synonymous with a generic cheese.

Finally, Professor Gangjee said that geographical indications help to promote the region and "unlock other aspects of history and geography," citing France's successful wine tourism industry. Successful and long-standing examples of geographical indications include Scotch whisky, Champagne, and Parma ham. Another Caribbean nation similarly embroiled in geographical indication and rum disputes is Barbados. Currently, the island has no related plans. Barbados has five distilleries, four of which agreed on the wording of a proposed Barbados rum GI. The sole objector is Wird, which owns brands such as Cockspur. Similar to the situation in Jamaica, it opposes the proposed rule prohibiting overseas aging.

Barbados' failure to secure a geographical indication has frustrated other producers, including Richard Seale, owner of the island's Foursquare Distillery. "We need to have intrinsic industries that are rooted here, closely connected to here, and cannot be separated from here," he said. Back in Jamaica, the Spirit Pool Association hopes that the country's rum can apply for the European Union's protected geographical indication classification, but this can only happen after the JIPO proceedings are concluded. Mr. Gentles hopes that a compromise can be reached, even if it means that neither side is completely satisfied. "I firmly believe that one day we'll put this behind us," he said.

While the Spirit Pool Association hopes that a stronger geographical indication will increase accolades and business, it is also about pride in a product that is closely tied to Jamaica's history. Following the ruling in October, the Jamaican newspaper The Gleaner acknowledged JIPO's decision, stating that there are many examples of companies "with no connection to Jamaica, trying to steal the mystique of the island's brand." It concluded: "When foreign entities become owners of uniquely Jamaican products, there should be a commitment to fiercely guarding the integrity of the brand."