Without prejudice to article L. 152-6, the court may order, at the request of the infringer, the payment of compensation to the injured party instead of the measures referred to in I to III of Article L. 152-3 when the following conditions are met:
1° At the time of the use or disclosure of the business secret, the infringer did not know, nor could he have known in the circumstances, that the business secret had been obtained from another person who was using or disclosing it unlawfully;
2° Execution of the measures mentioned in I to III of Article L. 152-3 would cause the author disproportionate damage;
3° The payment of compensation to the injured party appears reasonably satisfactory.
Where the payment of such compensation is ordered instead of the measures provided for in 1° and 2° of I of the same Article L. 152-3, such compensation may not be set at a sum greater than the amount of the royalties that would have been due if the infringer had requested authorisation to use the said business secret for the period during which the use of the business secret could have been prohibited.