The rise of UK wine: why intellectual property protection is a vintage necessity

The United Kingdom (UK) may not be the first place that springs (or pops!) to mind when you think of wine production, but over the past decade, it has transformed from a mere consumer of fine wines to a serious contender in the winemaking world.

But with great success comes great responsibility, especially when it comes to safeguarding intellectual property (IP). As UK wine continues to gain recognition and market share, the need to protect the unique characteristics and reputations of British wines has never been more critical. This article is part of a series looking at IP in the wine and spirits industry.

According to the latest figures from the Food Standards Agency Wine Team and Wine GB’s Industry Data Report[1], there are now 1,030 vineyards in the UK (an increase of 87 from last year) and 221 UK wineries (an uptick of 12 from last year). Over the past decade, the total area under vine has increased by 123% to 4,209 hectares. It’s no wonder that vineyards have been noted by the Department for Environment Food & Rural Affairs (DEFRA) as being the fastest-growing edible agricultural crop sector in the country.

A perfect blend: the factors fuelling success

The recent success story of UK wine production is a fine blend of climate, innovation, and consumer trends. Rising temperatures have made southern England an unexpectedly ideal location for growing grape varieties like chardonnay, pinot noir, pinot meunier and bacchus. Technological advancements in viticulture have also enabled UK vineyards to produce wines that are not just competitive but celebrated on the global stage.

However, the real kicker has been the shift in consumer preferences. British wine drinkers, once primarily preferring wines from traditional foreign wine producing regions, are now increasingly inclined to “drink local.” This growing affection for homegrown wines has catapulted the UK wine industry into the limelight, creating a vibrant and dynamic sector with early estimations that the 2023 harvest was a record one with the equivalent of 21.6 million bottles of wine having been being produced1.

Yet, as any seasoned wine producer will tell you, with growth comes the challenge of protection, specifically, protecting the IP that distinguishes your brand in a crowded market.

The IP landscape

In the wine industry, IP is the cornerstone of a brand’s identity and its competitive edge. Whether it’s the name of a vineyard, the unique qualities of a wine, or the region it hails from, protecting these assets is essential. Here’s a closer look at the main IP considerations for UK wine producers:

• Trade marks: Your brand name, logo, and even the label design are all crucial elements of your brand’s identity. Registering these as trade marks is the first step in ensuring that your wine stands out and is protected against copycats.
• Designs: Do you have a unique bottle or bottle top/cap that creates a different overall impression on the informed user?
• Geographical indications (GIs): Perhaps the most powerful tool in a wine producer’s IP arsenal, GIs tie a product’s reputation to its place of origin. For UK wine, GIs like the recently recognized “Sussex” Protected Designation of Origin (PDO) not only safeguard the reputation of the region’s wines but also add a layer of authenticity and trust that consumers crave.[2]
• Trade secrets: The secret recipe for your signature blend or a unique fermentation process can be just as valuable as any trade mark. Protecting these trade secrets is crucial to maintaining your competitive edge.
• Patents: While less common in winemaking, patents can protect innovations that give you an edge over competitors.

Bottling up the challenges: the need for vigilant protection

As the UK wine industry continues to grow, so does the risk of IP infringement. The more successful a brand, the more attractive it becomes to imitators. And whilst imitation may be the sincerest form of flattery, it can also be the quickest way to erode the value of the brand.

“One of the biggest challenges UK wine producers face is the complexity of protecting IP in a post-Brexit world.”

The UK’s departure from the EU has created a new legal landscape for geographical indications and other forms of IP protection. Navigating these changes requires vigilance and often, a willingness to enforce your rights both at home and abroad.

Furthermore, as UK wines gain international recognition, the global competition intensifies. Ensuring that your IP is protected in key international markets is no longer just a good idea—it’s a necessity.

Last rounds? Why IP matters now more than ever

The UK wine industry is at a pivotal moment. As wine grapes thrive in Britain’s warming climate and consumer interest in local products continues to rise, the potential for growth is vast. To fully capitalise on this opportunity UK wine producers must take proactive steps to protect their intellectual property.

Whether it’s securing trade mark and design protection, safeguarding trade secrets, intellectual property protection is the foundation upon which the future success of the UK wine industry will be built. After all, in the world of wine, reputation is everything and protecting your intellectual property is what keeps that reputation safe, one bottle at a time.

Should you wish to discuss your intellectual property needs, please get in touch!

[1] https://winegb.co.uk/press-releases/uk-vineyards-surpass-1000-milestone-mark-and-sales-continue-to-buck-the-wider-wine-market-trend/

[2]  For more background on geographical indications and PDOS post-Brexit, please see our earlier article – https://www.appleyardlees.com/the-application-of-protected-designations-of-origin-pdos-to-sparkling-wines-in-a-post-brexit-landscape/