AN age-old problem is brewing in Jamaica. Rum distillers continue to see margins evaporate because of counterfeiters. In their global markets, they are also similarly challenged. To fight back, they are cheering on the Government’s decision to sign the Madrid Protocol before the end of the end.

Christopher Gentles, general manager of the Spirits Pool Association Limited, the trade association for all the rum distilleries, is leading the call of seeing improved trade opportunities for the sector. Gentles and his group indicate that the GOJ has promised to sign the agreement by year end 2021, after much procrastination.

The Madrid Protocol, which adjudicates international trademarks, was created in 1891. Under that system, trademark registration in separate jurisdictions are administered centrally. The system provides protection in many countries around the world and is more effective than seeking protection separately in each individual country or jurisdiction. It is noted that the single registration to cover a wide range of countries results in better portfolio management and cost savings.

Today there are 90 countries globally which have signed the agreement. The lobby to get Jamaica’s signature is decades old.

Gentles told the Jamaica Observer, “The delay in the accession to the Madrid Protocol meant that all the trademark owners in the rum industry had to make separate applications to US, Europe and every sovereign territory separately for trademark registration. Each trademark registration is several thousand US dollars.”

In addition, he stated, “There is a huge amount of pressure from brands that misrepresent Jamaican rums. We have to be tracking whether or not the brands originated in Jamaica.”

He gave the example of Tequila and Scotch whisky, which after formalising their geographic indication (GI), had the incidence of piracy affecting their brands reduced.

A release issued by the association took note of the struggle by producers of Jamaican commodities for the protection of their brands in international markets.

It was noted, “Jamaica Rum, Jamaica Jerk and Jamaica [Blue Mountain] Coffee have collectively suffered millions of dollars of losses in the past due to exploitation of the brands by pirates who produce counterfeit or substandard products using Brand Jamaica labels, and in so doing undermining the value of our brands.”

The association noted that businesses have expended millions in hard currency and countless hours to maintain their respective registrations in multiple jurisdictions.

The Business Observer reached out to the Jamaica Intellectual Property Office (JIPO) which indicated that the process for signing is very advanced.

Executive Director Lilyclaire Bellamy said that a Cabinet brief was being prepared, on the basis of which a decision would be taken. Following Cabinet approval, JIPO will deposit the appropriate documents with the World Intellectual Property Organisation (WIPO).

She stated that after three months have elapsed from the date of deposit, Jamaica would then be considered a signatory to the treaty. “We are 60 per cent along the way in a 100-yard dash,” she stated, admitting that the process underway started back in 1981.

“This protection for Brand Jamaica would be enforceable in 90 countries that are signatories to the Madrid Protocol, contingent on the trademarks and geographical indications being accepted by the member country,” Gentles stated. He added, “The Spirits Pool Association eagerly anticipates the enhanced protection for Jamaica’s iconic range of rums including JWN, Overproof Rum, Kingston 62, Monymusk Overproof, Rumbar rums and Rumfire rums, and the exquisite range of aged rums including the Appleton estate range, the Monymusk rums, the Worthy Park Estate rums and the Hampden Estate rums.”

Gentles indicated, “Our adoption of the Madrid Protocol will allow the Jamaican authorities to request recalls of products that are using the “Jamaican Rum” designation illicitly to market rum which has not been produced in Jamaica according to established rules.

He also stated that Jamaican products will be able to achieve full brand equity and revenue that would result from proprietary production techniques, craftsmanship, heritage and unique geography, employed over centuries.