Jamaica’s Rum War
Court freezes “aged in Jamaica” mandate
A high-stakes legal battle over the very definition of “Jamaica Rum” has escalated after the Supreme Court temporarily blocked a move to mandate that the spirit must be aged within the country, a decision that pits major producer National Rums of Jamaica (NRJ) against industry rivals and the State’s intellectual property registrar.
The ruling halts the implementation of a rectified geographical indication (GI) for “Jamaica Rum” that would have required all rum bearing the prestigious designation to be aged exclusively on Jamaican soil.
The change, ordered by the Registrar of Industrial Property last October, threatened to disrupt the operations of NRJ, which ages a portion of its rum overseas for logistical and market-specific reasons.
In a judgment delivered by Justice Cresencia Brown Beckford in the Commercial Division on September 19, the court granted NRJ’s request for interim relief. This means the new ageing rules are suspended until the court can hear NRJ’s full appeal, which challenges both the legality of the decision-making process and the merits of the new specifications.
NRJ’s primary argument, which the judge found raised a “serious issue to be tried”, is that the decision was made by a hearing officer, Shantal English, who lacked the legal authority to do so. The company contends that the Protection of Geographical Indications Act empowers only the Registrar of Industrial Property personally to hear and decide such significant rectification applications.
The case reflects a growing global tension around GIs, with producers in Europe long arguing that products like Scotch whisky and Cognac must be aged in their region of origin to protect their essence. The Spirits Pool Association has echoed this, stating that: “Jamaican rum deserves no less respect.”
Justice Brown Beckford agreed that forcing NRJ to immediately comply with the new rules would cause “irreparable harm” that could not be adequately compensated by damages.
The court accepted that such a fundamental change to its supply chain and ageing process would severely disrupt NRJ’s business model and its ability to serve international markets.
The rectification was initially sought by the Spirits Pool Association Limited, the proprietor of the “Jamaica Rum” GI, in which NRJ is a shareholder. The association, supported by industry giant J Wray & Nephew Limited — the majority shareholder in Spirits Pool — argued that the changes were necessary to protect the integrity and authenticity of the Jamaica Rum brand, particularly for its registration in the European Union.
Central to the association’s argument is the concept of “tropical ageing”. It contends that the island’s climate causes rum to mature much faster and develop a different character than rum aged in temperate climates, making aging in Jamaica essential to the spirit’s authentic identity.
In applying the legal test for an injunction, the judge found the “balance of convenience” favoured NRJ. The potential harm to NRJ’s business was deemed greater than the prejudice to the other defendants from a delay in implementing the new GI specifications. The court noted that rum has been aged overseas historically, making the pre-rectification status quo the existing norm.
The interim orders specifically restrain the Spirits Pool Association from processing any certifications for rum aged overseas under the new rules. It also blocks all defendants, including the registrar, from representing to international bodies like the European Commission that the rectified GI is in effect.
The ruling follows an earlier, separate judgment in February that refused an application by J Wray & Nephew to be removed as a defendant in the case.
The court found that, despite being labelled an “Interested Party” in the original hearings, the company had a direct, adversarial commercial interest and was correctly named as a defendant for the appeal.
The legal battle is not confined to the courts. As of June 2025, Jamaica’s Fair Trading Commission (FTC) has launched a formal investigation into the dispute based on a complaint from NRJ, which alleges anti-competitive practices by the Spirits Pool Association and other players
The case now moves toward a full hearing of NRJ’s substantive appeal. The outcome will determine not only the rightful decision-maker for GI rectifications, but also the fundamental rules governing how Jamaica’s most famous spirit is produced and marketed on the global stage, with significant financial implications for the island’s rum industry.