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90_HB0513
New Act
Creates the Dies and Molds Ownership Transfer Act of
1997. Provides that if a customer does not take possession of
its die, mold, form, jig, or pattern within 3 years of the
fabricator's last use of it, the fabricator may have all
rights, title, and interest transferred to him or her for
purposes of destruction of the materials by sending written
notice by registered mail that the fabricator intends to
terminate the customer's rights in the materials. If a
customer does not act within 90 days of the date notice is
sent, all rights in the materials are transferred to the
fabricator for purposes of destruction of the materials. This
Act does not grant the customer any rights to a die, mold,
form, jig, or pattern; does not affect any written agreement
between a fabricator and a customer; does not affect the
rights of a customer under federal patent or copyright law or
State or federal laws pertaining to unfair competition; and
does not affect the rights granted under the Plastics Dies
and Molds Ownership Transfer Act. Effective immediately.
LRB9002693SMdv
LRB9002693SMdv
1 AN ACT in relation to dies and molds.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Dies and Molds Ownership Transfer Act of 1997.
6 Section 5. Definitions. As used in this Act:
7 "Customer" means an individual or entity who contracts
8 with or causes a fabricator:
9 (1) to fabricate, cast, or otherwise make a die,
10 mold, form, jig, or pattern; or
11 (2) to use a die, mold, form, jig, or pattern to
12 manufacture, assemble, or otherwise make a product.
13 "Fabricator" means an individual or entity, including a
14 tool or die maker, who:
15 (1) manufactures, causes to be manufactured,
16 assembles, or improves a die, mold, form, jig, or
17 pattern for a customer; or
18 (2) uses a die, mold, form, jig, or pattern to
19 manufacture, assemble, or otherwise make a product for a
20 customer.
21 Section 10. Rights in die, mold, form, jig, or pattern.
22 If a customer does not take possession of its die, mold,
23 form, jig, or pattern from a fabricator within 3 years of
24 the last use of it, the customer's rights, title, and
25 interest in its die, mold, form, jig, or pattern are
26 transferred to the fabricator under the procedures in this
27 Act, for purposes of destruction of the die, mold, form,
28 jig, or pattern. As used in this Act, "within 3 years of the
29 last prior use" includes any period of time following the
30 last prior use of a die, mold, form, jig, or pattern
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1 regardless of whether or not the period precedes the
2 effective date of this Act.
3 Section 15. Transfer of rights to fabricator. If, after
4 the 3 year period in Section 10 of this Act has expired, a
5 fabricator chooses to have all rights, title, and interest in
6 any die, mold, form, jig, or pattern transferred to the
7 fabricator for purposes of destruction, the fabricator shall
8 send written notice by registered mail, return receipt
9 requested, to the customer's address as set out in any
10 written agreement between the fabricator and the customer and
11 to the customer's last known address indicating that the
12 fabricator intends to terminate the customer's rights, title,
13 and interest by having the rights, title, and interest
14 transferred to the fabricator under this Act.
15 Section 20. Period for vesting rights in die, mold,
16 form, jig, or pattern. If a customer does not take
17 possession of the particular die, mold, form, jig, or
18 pattern within 90 days following the date the notice was
19 sent, or does not make other contractual arrangements with
20 the fabricator for taking possession or for storage thereof,
21 all rights, title, and interest of the customer to the die,
22 mold, form, jig, or pattern shall transfer by operation of
23 this Act to the fabricator for the purpose of destruction
24 and the fabricator is thereafter entitled to destroy the
25 die, mold, form, jig, or pattern.
26 Section 25. Inapplicability of Act. This Act does not
27 apply where a fabricator retains title to and possession of
28 a die, mold, form, jig, or pattern. Nothing in this Act
29 shall be construed to grant a customer any rights, title, or
30 interest to a die, mold, form, jig, or pattern. This Act
31 does not apply to a die, mold, or form for the manufacture of
-3- LRB9002693SMdv
1 plastic products to which the Plastics Dies and Molds
2 Ownership Transfer Act applies.
3 Section 30. Validity of written agreements and laws
4 concerning unfair competition. Nothing in this Act affects:
5 (i) a written agreement between the fabricator and
6 customer concerning possession of the die, mold, form,
7 jig, or pattern; or
8 (ii) any right of the customer under federal patent
9 or copyright law or any State or federal law pertaining
10 to unfair competition.
11 Section 99. Effective date. This Act takes effect upon
12 becoming law.