Inspection

(1) Whoever, with sufficient probability, uses a utility model contrary to sections 11 to 14 may be required by the right holder or another entitled person to produce a document or permit inspection of a thing in that person's control, where this is necessary to establish that person's claims. Where there is sufficient probability of an infringement committed on a commercial scale, the claim also extends to the production of banking, financial or commercial documents. Insofar as the alleged infringer asserts that confidential information is involved, the court shall take the measures necessary to ensure the protection required in the individual case.
(2) The claim under paragraph 1 is excluded where asserting it would be disproportionate in the individual case.
(3) The obligation to produce a document or to permit inspection of a thing may be ordered by way of interim injunction under sections 935 to 945 of the Code of Civil Procedure. The court shall take the measures necessary to ensure the protection of confidential information. This applies in particular in cases in which the interim injunction is issued without a prior hearing of the opposing party.
(4) Section 811 of the German Civil Code and section 24b(8) apply accordingly.
(5) Where no infringement existed or was threatened, the alleged infringer may claim from the person who sought production or inspection under paragraph 1 compensation for the damage caused by that request.