[Book Review] Beer Law

Is it possible to speak of "beer law" as a distinct field of law? These are the types of questions asked in this new book, Beer Law (Cambridge University Press, 2025), co-authored by Dan Jerker B. Svantesson, William Van Caenegem, Anthea Gerrard, Radim Polčák, Alain Strowel and Andreas Wiebe.

The book is available in
multiple formats

With the combined expertise of a large team of authors, the book is able to cover substantial ground, from intellectual property and unfair competition law, to health and taxation laws, across many jurisdictions.

Contents

The book is organised into 13 chapters and a postscript. The first chapter introduces beer, its brewing process and ingredients, and how laws have defined beer.

Regional Studies

Chapter 2 focuses on Germany, famous for Oktoberfest and beer gardens. It discusses the history of the Bavarian Purity Law 1516 (Reinheitsgebot) and subsequent laws, as well as the related legal disputes concerning European Community law.

Chapter 4 surveys the history and laws in Nordic countries, from Viking rules about beer consumption to the development of the Carlsberg yeast. Chapter 6 discusses Belgium, such as the brewing traditions behind Trappist beer and the shape of Belgian beer bottles glasses, which gave rise to several trade mark disputes. 

Chapter 8 turns to the beer culture in Czechia, where the Bohemian city of Plzeň is the origin of the now-widespread term "pilsner." Chapter 10 looks at North America, including the attempt to introduce an "American Reinheitsgebot" and Prohibition in the United States, the legal disputes about "ice beer" in the 1990s, and the craft beer movement. 

Chapter 12 discusses British and Irish beer traditions. It outlines the impact of the Beer Act of 1830 in the England and the culture of beer brewing and consumption. The chapter then provides an overview of the phenomenal success of Guinness, especially their dark stout, though a variety of strategies including trade marks (indeed, the Irish national harp emblem faces the opposite way from the Guinness harp to avoid conflicts with the trade mark).

Topical Studies

Chapter 3 discusses health law and the policy challenges raised by the health and social impacts of alcohol consumption, usually tackled through age restrictions and other limits on the sale and promotion of alcohol. 

The Bass red triangle

Chapter 5 will be most interesting to IPKat readers because it focuses on intellectual property. This has long been an important topic for beer: the first trade mark to be registered under the British Trade Marks Registration Act 1875 was the Bass red triangle (right). Since then, trade marks have played an important role in the concentration of markets, and then the partitioning of markets with the emergence of craft beer. The chapter discusses famous trade mark and geographical indications disputes, such as the Budweiser case. It also covers beer innovation and patent law, including debates about biotechnology patents [Merpel: this section did not foresee that the mutant barley disputes at the EPO would continue]. Finally, the chapter considers the importance of know-how and trade secrets for beer brewing. [Merpel: the impact of plant variety rights on breeding barley and other important plants for beer is left a mystery].

Chapter 7 will also be of interest to readers because it addresses consumer protection and unfair competition law. It discusses cases about misleading advertising and trade marks, as well as emerging issues about greenwashing, sustainability claims, and health claims. 

Chapter 9 explores contracts, competition, international trade and environmental law. Chapter 11 evaluates beer taxation laws, which have a long and fascinating history as an important revenue source for governments (but this has declined rapidly in recent decades). 

Chapter 13 concludes the book with reflections and broader lessons. This is followed by a fun postscript that provides the recipe for a "Law Beer" that was brewed by the authors to celebrate the completion of the book, which used traditions and ingredients from the different countries studied in this book (and explains the legal reasoning behind each choice). 

Final Thoughts

While this Kat didn't have the time or equipment to make the "Law Beer" for herself, she can confirm that the book pairs nicely with a beer or two [Merpel: but not so many that you can't proofread your review!].

The recipe on the closing pages certainly embodies the approach of the whole book: it recognises the history and diversity of beer cultures around the world; it takes seriously how the law shapes, or is shaped by, beer; and it embraces the more positive connotations of beer consumption by approaching legal research as a larger group with levity and conviviality. 

By lowering the inhibitions that keep academics in their silos and maintain the boundaries between areas of law, the authors were able to bring together different legal doctrines and traditions, and to consider whether "beer law" might one day be as well-established as "wine law" or "IT law." Even if beer law never achieves that kind of legitimacy, the book is a useful resource for those interested in beer and law, and a delightful contribution to the literature - enjoy responsibly!

Details

Publisher: Cambridge University Press

Extent: 270 pages

Format: Hardback, Paperback, eBook

ISBN: 9781009632560