(1) In the event of a legal infringement being committed on a commercial scale in the cases referred to in section 14 (6), section 15 (5) as well as section 17 (2) sentence 2, the infringer may be sued by the proprietor of a trade mark or of a commercial designation for production of bank, financial or commercial documents or provision of appropriate access to the relevant documents as are in the infringer’s control and are necessary for enforcing the claim for compensation if there is doubt as to whether the claim for compensation will be satisfied in the absence of such production. Where the infringer asserts that the information 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 the documents referred to in subsection (1) may be imposed by means of an interim injunction in accordance with sections 935 to 945 of the Code of Civil Procedure in cases where there evidently is a claim to compensation. 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 and section 19 (8) shall apply accordingly.