Court battle over ‘Jamaica rum’ unfortunate, says Jimmy Lawrence NRJ argues litigation is necessary because JIPO erred in GI designation

PRESIDENT of the Spirits Pool Association, Clement “Jimmy” Lawrence, has regretted that the dispute over the geographical indication (GI) of “Jamaica rum” is now before the court.

“To be frankly honest, I would have much preferred that we had reached a compromise and I know that a lot of effort has gone into achieving that. I certainly know through my leadership that this is what I was looking to do. But if the matter is to be resolved in court, so be it,” Lawrence told the Jamaica Observer Monday.

Lawrence was responding to a decision by National Rums of Jamaica Limited (NRJ) to go to court to challenge a ruling by the Jamaica Intellectual Property Office (JIPO) on which product could carry the GI designation for Jamaican rum.

According to the JIPO ruling, only rum distilled and aged on the island, under strict guidelines, can carry the title Jamaican rum.

But NRJ, operator of Long Pond Distillers Limited and Clarendon Distilleries Limited, has filed a lawsuit claiming the JIPO decision damages the heritage and global reputation of Jamaican rum as a premium product. range.

The complaint, filed on October 31, challenges JIPO’s reliance on a protected designation of origin (PDO) standard, applicable under the Lisbon Agreement, a treaty to which Jamaica is not a party.

In a press release published at the end of last week, the CEO of NRJ, Martha Miller, affirmed that Jamaican rum was born in Jamaican distilleries.

“The rum we export is already Jamaican rum: this is the basis of its global reputation. When bulk rum is exported, it carries its Jamaican identity, creating the Jamaica brand. NRJ has proudly continued this tradition for over 250 years,” added Miller.

She pointed out that NRJ asserts that JIPO’s interpretation of the GI as requiring full production in a specific geographic region is inconsistent with the true essence of the GI for “Jamaica Rum”, which lies in its qualities uniqueness, heritage and reputation, all of which are deeply rooted in Jamaica, regardless of where aging occurs.

“This appeal highlights that the authenticity and quality of Jamaican rum is rooted in its fermentation and distillation process, as defined by established rum and product standards, rather than solely through aging. NRJ also questions whether the impacts of climate change should be considered distant, noting that the effects are already evident,” Miller added.

In his interview with the Observer On Monday, Lawrence argued that rum aged outside the island cannot be called Jamaican rum because it would not be authentic.

According to Lawrence, efforts were made by Spirits Pool Association to resolve the dispute with NRJ in the meeting room but unfortunately these were unsuccessful.

“We have made very significant efforts to ensure that the problems raised by national rums are addressed and resolved internally. Spirits Pool normally operates around consensus, so we have in-depth discussions…and we really went for it,” Lawrence said.

“We actually went as far as inviting shareholders to a directors’ meeting and it was a hard effort to get (consensus),” Lawrence added.

He said that during these discussions, Spirits Pool made concessions and offers to NRJ in an attempt to resolve the issue.

“Following that meeting, what we received (from NRJ) was actually an expansion of the request… and that’s actually where we failed because to be honest, I would have loved for us to resolve this between us rather than having to go to court, but we just didn’t have that.

According to Lawrence, although Spirits Pool takes legal advice very seriously, it is not looking to get “a head start” on NRJ and all it wants in the matter is a resolution that preserves what targets all rum manufacturers in Jamaica.

He said that while he did not object to the court making a decision on the matter, it made him uncomfortable.

“I’m just saying (I’m uncomfortable) because remember, we’re family. They (NRJ) are co-owners of the Spirits Pool Association. They are shareholders and the people involved are directors, so you can imagine there must be some tension arising from (the legal action),” Lawrence added.

Meanwhile, Christopher Gentles, chief executive of the Spirits Pool Association, told the Observer that GI designation by JIPO is essential to protect the reputation of the product worldwide.

According to Gentles, the changes requested by NRJ could impact the name of Jamaican rum, as the product aged outside of Jamaica will lack some of the essence of the local product.

Spirits Pool Association Limited has agreed to refrain from taking regulatory action, including seeking registration of the GI of Jamaican Rum in any foreign jurisdiction, until the next substantive hearing in the matter on 7 February 2025, when the court will consider NRJ’s request for an injunction. .