CHAIRMAN of Spirits Pool Association Clement “Jimmy” Lawrence has expressed regret that the dispute over the geographical indication (GI) for ‘Jamaica rum’ is now before the court.

“To be frankly honest, I would have much preferred if we had come to a point of a compromise and I know strong efforts were made to get that. I know certainly from my leadership that’s what I was seeking to do. But if it has to be resolved in the courts, so be it,” Lawrence told the Jamaica Observer on Monday.

Lawrence was responding to a decision by National Rums of Jamaica Limited (NRJ) to go to court to challenge a decision by Jamaica Intellectual Property Office (JIPO) on what product can carry the GI designation for Jamaica Rum.

Under JIPO’s ruling only rum distilled and aged in the island, following strict guidelines, can bear the Jamaica rum title.

But NRJ, operator of Long Pond Distillers Limited and Clarendon Distilleries Limited, filed a lawsuit in which it argues that the JIPO decision undermines the legacy and global reputation of Jamaican rum as a premium product.

The lawsuit, filed on October 31, challenges JIPO’s reliance on a Protected Designation of Origin (PDO) standard, which is applicable under the Lisbon Agreement — a treaty which Jamaica is not a party to.

In a release issued late last week, CEO of NRJ Martha Miller argued that Jamaican rum is born in Jamaica’s distilleries.

“The rum we export is already Jamaican rum — it’s the foundation of its global reputation. When bulk rum is exported, it carries its Jamaican identity, building Brand Jamaica. NRJ has proudly upheld this tradition for over 250 years,” added Miller.

She pointed out that NRJ asserts that JIPO’s interpretation of the GI as requiring complete production within a specific geographic region is inconsistent with the true essence of the GI for ‘Jamaica rum’, which lies in its unique qualities, heritage, and reputation, all of which are deeply rooted in Jamaica, regardless of where ageing occurs.

“The appeal underscores that the authenticity and quality of Jamaican rum are rooted in its fermentation and distillation process, as defined by established rum and product standards, rather than solely by ageing. NRJ also questions the practicality of dismissing climate change impacts as distant, noting that the effects are already evident,” added Miller.

In his interview with the Observer on Monday, Lawrence argued that rum aged outside of the island cannot carry the Jamaica rum designation as this would not be authentic

According to Lawrence, efforts were made by Spirits Pool Association to settle the dispute with NRJ in the meeting room but unfortunately those failed.

“We made really significant efforts to have the issues raised by National Rums addressed and resolved internally. Spirits Pool normally operates around consensus so we have robust discussions…and we really went at it,” said Lawrence.

“In fact, we had gone so far where we invited the shareholders to a directors’ meeting and it was a hard-nosed effort to get [consensus],” added Lawrence.

He said in those discussions Spirits Pool made concessions and offers to NRJ in an attempt to settle the matter.

“Subsequent to that meeting, what we got back [from NRJ] was actually a broadening of the ask…and that effectively is where we broke down because to be honest, I would have loved if we were to resolve it among ourselves rather than having to go to litigation of the matter, but we just didn’t have that.”

According to Lawrence, while Spirits Pool takes legal advice very seriously it is not pushing to get “a leg up” on NRJ and all it wants in the matter is a resolution that preserves what all rum manufacturers in Jamaica are aiming for.

He indicated that while he is not opposed to the court making a determination on the matter, it left him uncomfortable.

“I am just saying [I am uncomfortable] because remember, we are a family. They [NRJ] are part owners of the Spirits Pool Association. They are shareholders and the people involved are directors, so you can just imagine there must be some tension arising from [the court action],” added Lawrence.

In the meantime, Christopher Gentles, general manager of Spirits Pool Association, told the Observer that the GI designation by JIPO is critical to protect the reputation of the product around the world.

According to Gentles, the changes being asked for by NRJ could impact the name Jamaica rum because 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 actions, including seeking the registration of the Jamaica rum GI in any overseas jurisdiction, until the next substantive hearing of the matter on February 7, 2025 when the court will address NRJ’s application for an injunction.