(1) Any person who has with sufficient probability infringed copyright or another right protected under this Act may be required by the injured party to present a document or to permit the inspection of an object in their possession if this is necessary in order to substantiate any claims. Where an infringement has with sufficient probability occurred on a commercial scale, the entitlement also extends to the presentation of banking, financial or commercial documents. Where the supposed infringed party asserts that this information is confidential, the court takes the measures necessary to guarantee the level of protection required in the individual case.
(2) The claim under subsection (1) is precluded if its assertion is disproportionate in the individual case.
(3) The obligation to present a document or to permit the inspection of an object may be ordered by way of a temporary injunction pursuant to sections 935 to 945 of the Code of Civil Procedure. The court takes the measures necessary to guarantee the protection of confidential information. This in particular applies in cases in which the temporary injunction is issued without the opposing party having been heard.
(4) Section 811 of the Civil Code and section 101 (8) of this Act apply accordingly.
(5) If there was no infringement or no risk of an infringement, the supposed injuring party may demand compensation for the damage caused by the request for presentation or inspection pursuant to subsection (1) from the person who required this of them.