(1) In the event of an infringement committed on a commercial scale in the cases referred to in section 97 (2), the injured party may require the injuring party to present banking, financial or commercial documents or appropriate access to the relevant information which are in the injuring party’s possession and which are necessary to enforce the claim for damages if without such presentation recovery of damages is doubtful. Where the injuring party asserts that the 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 the documents designated in subsection (1) may be ordered by way of a temporary injunction pursuant to sections 935 to 945 of the Code of Civil Procedure if the entitlement to damages obviously exists. 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.