2023 New York Laws › GBS - General Business › Article 26 - Miscellaneous › 398-D - Disposal of Abandoned Molds.

§  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.