What makes a rum Jamaican? Question at heart of Caribbean legal dispute

Rum is a significant part of Jamaica's culture and economy, and it is one of the country's most important exports. However, a pressing question has emerged: what exactly qualifies a rum to be labeled as Jamaican? This question has sparked an ongoing dispute on the Caribbean island, as some rum producers are advocating for stricter regulations regarding the designation of 'Jamaica rum'. In October of the previous year, Jamaica's Intellectual Property Office (JIPO) approved changes to the geographical indication (GI) designation for Jamaica Rum, which was initially established in 2016. The most notable change is the prohibition of aging rum outside of Jamaica. This amendment was proposed by the Spirits Pool Association (SPA), a trade organization that represents Jamaica's six rum distilleries, including well-known brands like Appleton, Clarendon, and Hampden Estate. The SPA argues that a stronger GI is essential for the designation to be officially recognized in its two primary export markets, the European Union (EU) and the United States (US). They believe that this would provide better protection for Jamaican rum against competitors and help consumers recognize it as a premium product crafted to high standards in a specific geographic area. However, this amendment has stirred controversy in Jamaica, as one of the largest producers, National Rums of Jamaica (NRJ), claims that it could jeopardize their business. NRJ owns Long Pond and a significant portion of Clarendon distilleries. The company is comprised of three shareholders: the Jamaican government, Demerara Distillers from Guyana, and the West Indies Rum Distillery (WIRD) based in Barbados. Notably, WIRD has been owned by the French spirits company Maison Ferrand since 2017. Their business model heavily relies on exporting rum in bulk and aging it overseas, which is now prohibited under Jamaica's new GI regulations. NRJ contends that rum aged outside of Jamaica should still be classified as Jamaican rum, citing the long history of Jamaica exporting and aging rum abroad. Consequently, NRJ is appealing JIPO's ruling, with a hearing scheduled for April 28. The crux of the dispute revolves around whether rum produced in Jamaica but aged overseas can still be labeled as Jamaican rum. The Spirits Pool Association asserts that WIRD only began to raise concerns about the geographical indication after its acquisition by Maison Ferrand. Christopher Gentles, the general manager of the SPA, stated, 'If you truly believe in Jamaica rum, age it in Jamaica. ' Rum is typically produced by fermenting and distilling sugarcane molasses, the thick syrup left after sugar extraction. Mr. Gentles emphasized that aging rum before it is sold is crucial, and doing so outside of Jamaica undermines the product's authenticity and uniqueness. He expressed confusion regarding NRJ's objections. The SPA also highlighted that exporting and aging spirits abroad means Jamaica misses out on valuable processes such as refining, bottling, labeling, and distribution, as well as other economic benefits like rum tourism. Both NRJ and Maison Ferrand declined to comment on the matter. According to Dev Gangjee, a professor of intellectual property law at the University of Oxford, geographical indications create a distinctive identity for a product and can lead to three potential sources of value. The first is a price premium, as research indicates that products with geographical indications can command prices 1. 5 to 2. 7 times higher than standard products. However, this price premium does not always translate into profit, as GI products are often more expensive to produce. The second benefit is that geographical indications anchor production in a specific region, preventing a product from becoming generic and losing its value. For instance, cheddar cheese was originally associated with a specific area in the UK but has since become a general term for various types of cheese. Lastly, Professor Gangjee noted that geographical indications help promote the region and can enhance tourism, citing France's successful wine tourism industry as an example. Well-known examples of successful geographical indications include Scotch whisky, champagne, and Parma ham. In Jamaica, rum tours are a popular activity for tourists, allowing them to learn about the drink's history and production. Another Caribbean nation, Barbados, is also facing a similar dispute regarding geographical indications and rum. Currently, Barbados does not have a formal system in place. The island has five distilleries, and four of them have agreed on the wording for a proposed Barbados rum GI. The only objector is WIRD, which produces brands like Cockspur. Similar to the situation in Jamaica, WIRD opposes the proposed rules against aging rum overseas. The failure of Barbados to establish a GI has frustrated other producers, including Richard Seale, owner of the Foursquare distillery. He stated, 'We need to have intrinsic industries that are rooted here, tied here, that cannot be separated from here. ' Rum is Barbados' largest export, with the US, Canada, and the EU being the top markets. Back in Jamaica, the SPA aims to apply for the EU's Protected Geographical Indication classification, but this cannot occur until the legal proceedings at JIPO are resolved. Mr. Gentles hopes that a compromise can be reached, even if it means that both parties may not be entirely satisfied. He firmly believes that one day they will be able to move past this dispute. While the SPA hopes that a stronger GI will enhance recognition and business, it is also about pride in a product that is deeply connected to Jamaica's history. Following the ruling in October, the Jamaican newspaper The Gleaner supported the JIPO decision, stating that there are numerous instances of companies with no ties to Jamaica attempting to exploit the island's brand. The newspaper concluded, 'When foreign entities become owners of uniquely Jamaican products, there should be a commitment to robustly maintain the integrity of the brand.