PRINTER'S NO. 2114
No. 1493 Session of 1998
INTRODUCED BY ARMSTRONG, JULY 23, 1998
REFERRED TO LABOR AND INDUSTRY, JULY 23, 1998
AN ACT
1 Establishing ownership rights in dies, molds and forms used in
2 fabrication of plastic parts under certain conditions.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Die, Mold and
7 Form Forfeiture Act.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Customer." A person who causes a molder to fabricate, cast
13 or otherwise make a die, mold or form for use in the
14 manufacture, assembly or fabrication of a plastic product or a
15 person who causes a molder to use a die, mold or form to
16 manufacture, assemble or fabricate a plastic product.
17 "Molder." A person who fabricates, molds, casts or otherwise
1 makes a die, mold or form for use in the manufacture, assembly
2 or fabrication of a plastic product or a person who uses a die,
3 mold or form to manufacture, assemble or fabricate a plastic
4 product.
5 "Person." An individual, firm, partnership, association or
6 corporation.
7 Section 3. Transfer of rights.
8 Unless otherwise agreed in writing, if a customer does not
9 claim possession of a die, mold or form from the molder within
10 three years from the last use of the die, mold or form, all
11 rights, title and interest in the die, mold or form may, at the
12 option of the molder, be transferred by operation of law to the
13 molder for purposes of destroying the die, mold or form.
14 Section 4. Notice.
15 After the expiration of the three-year period set forth in
16 section 3, if a molder chooses to have all rights, title and
17 interest in a die, mold or form transferred to the molder by
18 operation of law, the molder shall send written notice by
19 registered mail, return receipt requested, to an address
20 designated in writing by the customer or if not so designated,
21 to the customer's last known address, indicating that the molder
22 intends to terminate the customer's rights, title and interest
23 in the die, mold or form by having all rights, title and
24 interest in the die, mold or form transferred to the molder by
25 operation of law under this act.
26 Section 5. Customer's rights.
27 If a customer does not claim possession of the die, mold or
28 form within 120 days after the date the molder receives the
29 return receipt of the notice sent pursuant to section 4 or does
30 not make other arrangements with the molder for storage of the
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1 die, mold or form within the time limit established in this
2 section, all rights, title and interest of the customer in the
3 die, mold or form shall be transferred by operation of law to
4 the molder for purposes of destroying the die, mold or form.
5 This section shall not be construed to affect a right of a
6 customer under Federal patent or copyright law, or any Federal
7 or State law pertaining to unfair competition.
8 Section 6. Waiting period retroactive.
9 The three-year waiting period provided in section 3 shall
10 apply retroactively in the case of a die, mold or form in the
11 possession of a molder on the effective date of this section.
12 Section 7. Exceptions.
13 This act shall not apply if a molder retains title to and
14 possession of a die, mold or form. This act shall not be
15 construed to grant a customer rights, title or interest in a
16 die, mold or form.
17 Section 8. Effective date.
18 This act shall take effect immediately.
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