(1) If there is sufficient likelihood of a legal infringement in accordance with sections 14, 15 and 17, the alleged infringer may be sued by the proprietor of a trade mark or of a commercial designation for production of a document or inspection of an item which lies in his control if this is necessary for the purpose of establishing the claims of the proprietor of a trade mark or of a commercial designation. Where there is sufficient likelihood of a legal infringement being committed on a commercial scale, the claim shall extend to the production of bank, financial or commercial documents. If the alleged infringer asserts that the information concerned is confidential, the court shall take the measures necessary to ensure the specific protection required in an individual case.
(2) The claim in accordance with subsection (1) shall be ruled out if such a claim is disproportionate in an individual case.
(3) The obligation to produce a document or to acquiesce to the inspection of an item may be imposed by means of an interim injunction in accordance with 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 shall in particular apply to those cases where the interim injunction is issued without giving a prior hearing to the opposing party.
(4) Section 811 of the German Civil Code (Bürgerliches Gesetzbuch) and section 19 (8) shall apply accordingly.
(5) If there was no infringement or no risk of infringement, the alleged infringer may claim compensation for the damage caused to him by the production or inspection sought in accordance with subsection (1) from the person who sought the production or inspection.