CHAPTER 737b
DIES, MOLDS AND FORMS

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Sec. 42-116p. Definitions. Disposition of dies, molds and forms. Notice to customers.
Secs. 42-116q and 42-116r.

      Sec. 42-116p. Definitions. Disposition of dies, molds and forms. Notice to customers. (a) As used in this section, "customer" means any individual or entity who causes a molder to fabricate, cast or otherwise make a die, mold or form or who causes a molder to use a die, mold or form to manufacture, assemble or otherwise make a plastic product; "molder" means any individual or entity, including but not limited to a tool or die maker, who fabricates, casts or otherwise makes a die, mold or form which is used to manufacture, assemble or otherwise make a plastic product, or who uses a die, mold or form to manufacture, assemble or otherwise make a plastic product.

      (b) This section shall not apply to a molder who owns, or retains title to and possession of, a die, mold or form, made or used for the customer. Nothing in this section shall be construed to grant a customer any rights, title or interest to or in a die, mold or form.

      (c) Unless otherwise agreed in writing, if a customer does not take possession from a molder of a die, mold or form located in this state within three years following the last prior use thereof, all of the customer's rights, title and interest to or in such die, mold or form may be transferred to the molder solely for the purpose of destroying such die, mold or form, in accordance with the provisions of this section. As used in this section, the term "within three years following the last prior use" means any three-year period following the last prior use of a die, mold or form regardless of whether such period commences before or after October 1, 1982.

      (d) If a molder chooses to have all rights, title and interest to any die, mold or form so transferred, the molder shall send written notice by registered mail, return receipt requested, to the affected customer at the address, if any, indicated in the agreement pursuant to which the molder obtained possession of the die, mold or form and to such customer's last known address indicating that the molder intends to terminate all of such customer's rights, title and interest by having them transferred to the molder solely for the purpose of destroying such die, mold or form.

      (e) If such customer does not take possession of such die, mold or form within one hundred twenty days following the date the molder receives acknowledgment or nonacknowledgment of the return receipt of such notice, or does not make other contractual arrangements with the molder for taking possession of such die, mold or form or for the storage of such die, mold or form, all rights, title and interest of such customer shall transfer to the molder. The molder shall then be entitled to destroy such die, mold or form without any risk of liability to the customer, except that this section shall not be construed in any manner to affect the right of a customer under federal patent or copyright law, or any state or federal law pertaining to unfair competition.

      (P.A. 82-128, S. 1, 2.)

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      Secs. 42-116q and 42-116r. Reserved for future use.

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