Public Act 90-0371 of the 90th General Assembly
Public Act 90-0371
HB0513 Enrolled LRB9002693SMdv
AN ACT in relation to dies and molds.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Dies and Molds Ownership Transfer Act of 1997.
Section 5. Definitions. As used in this Act:
"Customer" means an individual or entity who contracts
with or causes a fabricator:
(1) to fabricate, cast, or otherwise make a die,
mold, form, jig, tooling, or pattern; or
(2) to use a die, mold, form, jig, tooling, or
pattern to manufacture, assemble, or otherwise make a
product.
"Fabricator" means an individual or entity, including a
tool or die maker, who:
(1) manufactures, causes to be manufactured,
assembles, or improves a die, mold, form, jig, tooling,
or pattern for a customer; or
(2) uses a die, mold, form, jig, tooling, or
pattern to manufacture, assemble, or otherwise make a
product for a customer.
Section 10. Rights in die, mold, form, jig, tooling, or
pattern. If a customer does not take possession of its die,
mold, form, jig, tooling, or pattern from a fabricator within
3 years of the last use of it, the customer's rights, title,
and interest in its die, mold, form, jig, tooling, or pattern
are transferred to the fabricator under the procedures in
this Act, for purposes of destruction of the die, mold, form,
jig, tooling, or pattern. As used in this Act, "within 3
years of the last prior use" includes any period of time
following the last prior use of a die, mold, form, jig,
tooling, or pattern regardless of whether or not the period
precedes the effective date of this Act.
Section 15. Transfer of rights to fabricator. If, after
the 3 year period in Section 10 of this Act has expired, a
fabricator chooses to have all rights, title, and interest in
any die, mold, form, jig, tooling, or pattern transferred to
the fabricator for purposes of destruction, the fabricator
shall send written notice by registered mail, return receipt
requested, to the customer's address as set out in any
written agreement between the fabricator and the customer and
to the customer's last known address indicating that the
fabricator intends to terminate the customer's rights, title,
and interest by having the rights, title, and interest
transferred to the fabricator under this Act.
Section 20. Period for vesting rights in die, mold,
form, jig, tooling, or pattern. If a customer does not take
possession of the particular die, mold, form, jig, tooling,
or pattern within 90 days following the date the notice was
sent, or does not respond to the notice in writing, by
registered mail, return receipt requested, reasserting the
customer's rights, title, and interest to the die, mold,
form, jig, tooling, or pattern, all rights, title, and
interest of the customer to the die, mold, form, jig,
tooling, or pattern shall transfer by operation of this Act
to the fabricator for the purpose of destruction and the
fabricator is thereafter entitled to destroy the die, mold,
form, jig, tooling, or pattern.
Section 25. Inapplicability of Act. This Act does not
apply where a fabricator retains title to and possession of a
die, mold, form, jig, tooling, or pattern. Nothing in this
Act shall be construed to grant a customer any rights, title,
or interest to a die, mold, form, jig, tooling, or pattern.
This Act does not apply to a die, mold, or form for the
manufacture of plastic products to which the Plastics Dies
and Molds Ownership Transfer Act applies.
Section 30. Validity of written agreements and laws
concerning unfair competition. Nothing in this Act affects:
(i) a written agreement between the fabricator and
customer concerning possession of the die, mold, form,
jig, tooling, or pattern; or
(ii) any right of the customer under federal patent
or copyright law or any State or federal law pertaining
to unfair competition.
Section 99. Effective date. This Act takes effect upon
becoming law.