Infringement may be proven by any means.
To this end, any person having standing to bring an infringement action shall be entitled to have carried out at any place and by any bailiffs, where appropriate assisted by experts appointed by the plaintiff, pursuant to an order made on request by the competent civil court, either a detailed description, with or without taking samples, or the actual seizure of the allegedly infringing products or processes and any documents relating thereto. The order may authorise the actual seizure of any document relating to the allegedly infringing products or processes in the absence of the latter.
The court may order, for the same evidentiary purposes, the detailed description or actual seizure of the materials and instruments used to manufacture or distribute the products or to implement the allegedly infringing processes.
It may make the execution of the measures it orders subject to the provision by the plaintiff of guarantees intended to ensure the possible indemnification of the defendant if the infringement action is subsequently found to be unfounded or the seizure annulled.
If the plaintiff fails to take civil or criminal action on the merits within a time limit set by regulation, the entire seizure, including the description, shall be cancelled at the request of the person from whom the seizure was made, without the latter having to state the reasons for his request and without prejudice to any damages that may be claimed.