Gastronomy Law

in the product specification, is structured to operate throughout Europe, if at all. States are obliged to take appropriate administrative and judicial measures to prevent or stop any infringement perpetrated on their territory, even if it concerns products intended for export to third countries125. Added to this is the States duty to assist each other in control and protection activities126. Moreover, public authorities designated for control are required to facilitate the exchange of information between relevant departments, agencies and bodies, such as the police, anti-counterfeiting agencies, customs, intellectual property offices, food safety authorities and retail inspectors127. Finally, all information – to which persons established in the Union have access – related to the advertising, promotion and sale of products, if it infringes the protection attributed to TSGs, is qualified as “illegal content”128. This allows the competent national judicial or administrative authorities to issue an order to counter such illegal content129 against “intermediary service” providers, which include those who offer hosting to the website where the infringement occurs.130 IX. THE GOVERNANCE BODY All major decisions on the management of a TSG are the responsibility of the relevant “producer group”, which – regardless of the legal form adopted – meets on their own free initiative.131 Just as in the PDO and PGI sector132, a TSG “producer group” must operate in a transparent and non-discriminatory manner, on the one hand, and must be democratically organised and controlled by its members, on the other. 125 C. Gernone, La protezione contro l’impiego illecito di una DOP e IGP si estende ai prodotti fabbricati nell’Unione ma esportati in Paesi terzi: l’ultimo arresto della Corte di giustizia sulla «Feta danese», in Diritto e giurisprudenza agraria, alimentare e dell’ambiente, 6, 2022, p.1. 126 Reg. (EU) No 2024/1143, cited above, art. 76. 127 Reg. (EU) No 2024/1143, cited above, art. 74(4). 128 Reg. (EU) No. 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a single market for digital services (Digital Services Regulation), in OJEU L 277, 27 October 2022, p. 1-102 (ELI: http://data. europa.eu/eli/reg/2022/2065/oj), art.3(h). 129 Reg. (EU) No. 2024/1143, cited above, art. 75. 130 Reg. (EU) No 2022/2065, cited above, art. 9 and art. 3(g). 131 Reg. (EU) No 2024/1143, cited above, art. 55. 132 Reg. (EU) No 2024/1143, cited above, art. 32(1). 349 FOODSTUFF TRADITION PROTECTION

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