As of the 23th of June 2016 the legal protection of “Scotch Whisky” has been voted to the history books by the people in the United Kingdom. Not by the Scots mind you, but by the baby-boomers in England and Wales.
As up to the 23th of June 2016 the term “Scotch Whisky” was protected by the Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89. See my blog about this, now “obsolete”, Law.
This is no longer true. (Update 27 Feb 2017 : the article 50 hasn’t yet been started, so it is true until it does happen)
Since the United Kingdom laws on “Scotch Whisky” is layed down in : 2009 No. 2890, FOOD, The Scotch Whisky Regulations 2009 which only has status because it is mentioning the EU 110/2008 regulation there is no longer a valid legal definition of Scotsch Whisky and there is also no longer a protected status.
I am aware of the fact that the UK is not actually out yet, but since the England has voted to leave it is only a matter of time before I can legally produce “Scotsch” in Holland.
No worries guys, I’m only joking, but some companies outside the UK might jump at this.