Infringement of software and databases may be proven by any means.
To this end, any person with standing to bring an infringement action is entitled to have carried out in 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 software or database and any documents relating thereto. The seizure-description may take the form of a copy of the allegedly infringing software or databases.
The court may order, for the same evidentiary purposes, the detailed description or actual seizure of the equipment and instruments used to produce or distribute allegedly infringing software or databases, as well as any documents relating thereto.
The order may authorise the actual seizure of any document relating to the software, databases, equipment and instruments mentioned in the second and third paragraphs in the absence of the latter.
The court 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 claimant fails, within a period set by regulation, either to take civil or criminal action on the merits, or to lodge a complaint with the public prosecutor, the entire seizure, including the description, shall be cancelled at the request of the distrainee or third party seized, without the latter having to give reasons for its claim and without prejudice to any damages that may be claimed.