N.Y.
General Business Law Section 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.
Source:
Section 398-D — Disposal of abandoned molds, https://www.nysenate.gov/legislation/laws/GBS/398-D (updated Sep. 22, 2014; accessed Oct. 26, 2024).
