In litigation involving infringement of the moral rights of an author, a copyright, print rights, the moral rights of performers, or neighboring rights, the court, at the petition of a party, may order a party to submit documents or electronic or magnetic records that are needed to prove the relevant act of infringement or to calculate the damage caused by the relevant act of infringement; provided, however, that this does not apply if the person in possession of such documents or the person with the authority to use such electronic or magnetic records has just cause for refusing to submit them.
If the court finds it necessary for determining whether or not the documents or electronic or magnetic records subject to the motion under the main clause of the preceding paragraph fall within the scope of documents or electronic or magnetic records referred to in the main clause of the same paragraph or whether or not there are reasonable grounds as provided in the proviso of the same paragraph, the court may have the holder of the documents or a person with the authority to use the electronic or magnetic records present those documents or electronic or magnetic records to the court. In this case, no person may request the disclosure of the presented documents or electronic or magnetic records.
In a case referred to in the preceding paragraph, if the court finds that it is necessary to disclose a document or electronic or magnetic record referred to in the second sentence of the preceding paragraph and hear opinions with regard to whether the document or electronic or magnetic record submitted upon filing the petition referred to in the main clause of paragraph (1) constitutes the document or electronic or magnetic record referred to in the main clause of the same paragraph or whether the just cause provided for in the proviso to the same paragraph is present, the court may disclose that document or electronic or magnetic record to the parties, etc. (meaning the parties (or if a party is a corporation, its representative), or the parties' agents (other than litigation representatives and assistants in court), employees, or any other worker; the same applies in Article 114-6, paragraph (1)), their litigation representatives, or their assistants in court.
In a case referred to in paragraph (2), if the court finds that it is necessary to disclose a document or electronic or magnetic record referred to in the second sentence of the same paragraph and hear an explanation based on expert knowledge, the court may disclose the document or electronic or magnetic record to a technical adviser as provided in Part I, Chapter V, Section 2, Subsection 1 of the Code of Civil Procedure, with the consent of the parties.
The provisions of the preceding paragraphs apply mutatis mutandis to the presentation of the object of any inspection that is necessary for proving the relevant act of infringement in litigation involving infringement of the moral rights of an author, a copyright, print rights, the moral rights of a performer, or neighboring rights.
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