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