CHAPTER 6. TRANSFER OF PROPERTY INTERESTS IN MOLDS
IC 32-34-6
Chapter 6. Transfer of Property Interests in Molds
IC 32-34-6-1
Inapplicability of chapter; rights, title, or interest not granted
Sec. 1. (a) This chapter does not apply where a fabricator retains
title to and possession of a die, mold, form, jig, or pattern.
(b) This chapter does not grant a customer any rights, title, or
interest to a die, mold, form, jig, or pattern.
As added by P.L.2-2002, SEC.19.
IC 32-34-6-2
"Customer" defined
Sec. 2. As used in this chapter, "customer" means an individual or
entity who contracts with or causes a fabricator:
(1) to fabricate, cast, or otherwise make a die, mold, form, jig,
or pattern; or
(2) to use a die, mold, form, jig, or pattern to manufacture,
assemble, or otherwise make a product.
As added by P.L.2-2002, SEC.19.
IC 32-34-6-3
"Fabricator" defined
Sec. 3. As used in this chapter, "fabricator" means an individual
or entity, including a tool or die maker, who:
(1) manufactures, causes to be manufactured, assembles, or
improves a die, mold, form, jig, or pattern for a customer; or
(2) uses a die, mold, form, jig, or pattern to manufacture,
assemble, or otherwise make a product for a customer.
As added by P.L.2-2002, SEC.19.
IC 32-34-6-4
"Within three (3) years after the last prior use" defined
Sec. 4. As used in this chapter, "within three (3) years after the
last prior use" includes any period after the last prior use of a die,
mold, form, jig, or pattern, regardless of whether the period was
before July 1, 1994.
As added by P.L.2-2002, SEC.19.
IC 32-34-6-5
Transfer of rights of customer to fabricator after three years
Sec. 5. If a customer does not take possession of the customer's
die, mold, form, jig, or pattern from a fabricator within three (3)
years after the last prior use of the die, mold, form, jig, or pattern, the
customer's rights, title, and interest in the customer's die, mold, form,
jig, or pattern are transferred to the fabricator pursuant to the
procedures of this chapter for purposes of destruction of the die,
mold, form, jig, or pattern.
As added by P.L.2-2002, SEC.19.
IC 32-34-6-6
Choice of fabricator to transfer rights, title, and interest to
fabricator for destruction; procedure for transfer
Sec. 6. (a) After the three (3) year period specified in section 4 of
this chapter has expired, a fabricator may choose to have all rights,
title, and interest in the die, mold, form, jig, or pattern transferred to
the fabricator for purposes of destruction. A fabricator seeking a
transfer under this subsection must send written notice by registered
mail, return receipt requested, to:
(1) the customer's address as set out in any written agreement
between the fabricator and the customer; and
(2) the customer's last known address;
indicating that the fabricator intends to terminate the customer's
rights, title, and interest by having the rights, title, and interest
transferred to the fabricator under this chapter.
(b) If a customer:
(1) does not take possession of the particular die, mold, form,
jig, or pattern within ninety (90) days after the date on which
the notice was sent under subsection (a); or
(2) does not make other contractual arrangements with the
fabricator for taking possession or for storage of the die, mold,
form, jig, or pattern;
all rights, title, and interest of the customer to the mold transfer by
operation of this chapter to the fabricator for the purpose of
destruction. The fabricator may then destroy the die, mold, or form.
As added by P.L.2-2002, SEC.19.
IC 32-34-6-7
Inapplicability; agreements; patent or copyright law or unfair
competition law
Sec. 7. Nothing in this chapter affects:
(1) a written agreement between the fabricator and customer
concerning possession of the die, mold, form, jig, or pattern; or
(2) any right of the customer under federal patent or copyright
law or any state or federal law pertaining to unfair competition.
As added by P.L.2-2002, SEC.19.