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This entry was published on 2014-09-22
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SECTION 398-D
Disposal of abandoned molds
General Business (GBS) CHAPTER 20, ARTICLE 26
§ 398-d. Disposal of abandoned molds. 1. For the purpose of this
section, the term:

(a) "Customer" means any individual or entity (1) who causes or caused
a molder to fabricate, cast, or otherwise make a die, mold, or form or
(2) who causes or caused a molder to use a die, mold, or form to
manufacture, assemble, or otherwise make a product or products.

(b) "Molder" means any individual or entity, including but not limited
to, a tool or die maker (1) who fabricates, casts, or otherwise makes a
die, mold, or form to produce plastic products or (2) who uses a die,
mold, or form to manufacture, assemble, or otherwise make a plastic
product or products.

2. This section shall not apply where a molder retains title to and
possession of a die, mold, or form. Nothing in this section shall be
construed to grant a customer any rights, title, or interest to a die,
mold or form.

3. Unless otherwise agreed in writing, if a customer does not take
possession from a molder of a die, mold, or form as described in this
section within three years following the last prior use thereof, all of
the customer's rights, title, and interest to such die, mold, or form
may be transferred by operation of law to the molder for the sole
purpose of destroying such die, mold, or form consistent with this
section.

4. If a molder chooses to have all rights, title, and interest to any
die, mold, or form transferred to the molder by operation of law, the
molder shall send written notice by registered mail, return receipt
requested, to its customer at the address, if any, indicated in the
agreement pursuant to which the molder obtained possession of the die,
mold, or form, or to the customer's last known address indicating that
the molder intends to terminate all of the customer's rights, title, and
interest by having all such rights, title and interest transferred to
the molder by operation of law pursuant to this section.

5. If a customer does not take possession of the particular die, mold,
or form within one hundred and twenty days following the date the molder
receives acknowledgement or non-acknowledgement of the return receipt of
such notice or does not make other contractual arrangements with the
molder for taking possession or for the storage thereof, all rights,
title, and interest of the customer shall transfer by law to the molder.
Thereafter, the molder must destroy the particular mold, die, or form as
the molder's own property without any risk of liability to the customer,
except that this section shall not be construed in any manner to affect
the right of the customer under federal patent or copyright law, or any
state or federal law, pertaining to unfair competition.

6. For purposes of this section, the term "within three years
following the last prior use" shall be construed to include any period
following the last prior use of a die, mold, or form regardless of
whether or not such period precedes the effective date thereof.