§ 398-d. Disposal of abandoned molds.
1.For the purpose of this\nsection, the term:\n (a) "Customer" means any individual or entity (1) who causes or caused\na molder to fabricate, cast, or otherwise make a die, mold, or form or\n(2) who causes or caused a molder to use a die, mold, or form to\nmanufacture, assemble, or otherwise make a product or products.\n (b) "Molder" means any individual or entity, including but not limited\nto, a tool or die maker (1) who fabricates, casts, or otherwise makes a\ndie, mold, or form to produce plastic products or (2) who uses a die,\nmold, or form to manufacture, assemble, or otherwise make a plastic\nproduct or products.\n 2. This section shall not apply where a molder retains title to and\npossession of a die, mold, or form. Nothing in this sec
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§ 398-d. Disposal of abandoned molds. 1. For the purpose of this\nsection, the term:\n (a) "Customer" means any individual or entity (1) who causes or caused\na molder to fabricate, cast, or otherwise make a die, mold, or form or\n(2) who causes or caused a molder to use a die, mold, or form to\nmanufacture, assemble, or otherwise make a product or products.\n (b) "Molder" means any individual or entity, including but not limited\nto, a tool or die maker (1) who fabricates, casts, or otherwise makes a\ndie, mold, or form to produce plastic products or (2) who uses a die,\nmold, or form to manufacture, assemble, or otherwise make a plastic\nproduct or products.\n 2. This section shall not apply where a molder retains title to and\npossession of a die, mold, or form. Nothing in this section shall be\nconstrued to grant a customer any rights, title, or interest to a die,\nmold or form.\n 3. Unless otherwise agreed in writing, if a customer does not take\npossession from a molder of a die, mold, or form as described in this\nsection within three years following the last prior use thereof, all of\nthe customer's rights, title, and interest to such die, mold, or form\nmay be transferred by operation of law to the molder for the sole\npurpose of destroying such die, mold, or form consistent with this\nsection.\n 4. If a molder chooses to have all rights, title, and interest to any\ndie, mold, or form transferred to the molder by operation of law, the\nmolder shall send written notice by registered mail, return receipt\nrequested, to its customer at the address, if any, indicated in the\nagreement pursuant to which the molder obtained possession of the die,\nmold, or form, or to the customer's last known address indicating that\nthe molder intends to terminate all of the customer's rights, title, and\ninterest by having all such rights, title and interest transferred to\nthe molder by operation of law pursuant to this section.\n 5. If a customer does not take possession of the particular die, mold,\nor form within one hundred and twenty days following the date the molder\nreceives acknowledgement or non-acknowledgement of the return receipt of\nsuch notice or does not make other contractual arrangements with the\nmolder for taking possession or for the storage thereof, all rights,\ntitle, and interest of the customer shall transfer by law to the molder.\nThereafter, the molder must destroy the particular mold, die, or form as\nthe molder's own property without any risk of liability to the customer,\nexcept that this section shall not be construed in any manner to affect\nthe right of the customer under federal patent or copyright law, or any\nstate or federal law, pertaining to unfair competition.\n 6. For purposes of this section, the term "within three years\nfollowing the last prior use" shall be construed to include any period\nfollowing the last prior use of a die, mold, or form regardless of\nwhether or not such period precedes the effective date thereof.\n