Any person having standing to act in the event of infringement of the rights of a database producer may apply to the competent civil court for summary proceedings in order to obtain an order, if necessary subject to a fine, against the alleged infringer or the intermediaries whose services he uses, for any urgent measure intended to prevent infringement of the rights of a database producer or to prevent the continuation of acts allegedly infringing such rights. The competent civil court may also order any urgent measures on application where circumstances require that such measures not be taken in adversarial proceedings, in particular where any delay would be likely to cause irreparable harm to the applicant. Whether seised in summary proceedings or on application, the court may only order the measures requested if the evidence, reasonably accessible to the applicant, makes it likely that his rights are being infringed or that such infringement is imminent.
The court may prohibit the continuation of acts allegedly infringing the rights of the database producer, make it subject to the lodging of guarantees intended to ensure possible compensation for the loss suffered by the claimant or order the seizure or delivery into the hands of a third party of products suspected of infringing the rights conferred by the title, to prevent their introduction or circulation in commercial channels.
It may also award the plaintiff a provisional payment where the existence of his loss is not seriously disputable.
Seized in summary proceedings or on application, the court may make enforcement of the measures it orders subject to the provision by the plaintiff of guarantees intended to ensure possible compensation of the defendant if the action brought under this title is subsequently deemed unfounded or the measures annulled.
Where the measures taken to put an end to an infringement of the rights of the database producer are ordered before the initiation of an action on the merits, the plaintiff must, within a period set by regulation, either take civil or criminal action, or lodge a complaint with the public prosecutor. Failing this, at the request of the defendant and without the latter having to state the reasons for its claim, the measures ordered shall be cancelled, without prejudice to any damages that may be claimed.