Dies and Molds Ownership Transfer Act of 1997 (765 ILCS 1053/)

Chapter 765 — Property

Miscellaneous Property

This text is maintained by the Legislative Reference Bureau for legislative drafting purposes and is NOT the official text of the Illinois Compiled Statutes; the only official copy is the printed copy maintained by the Secretary of State.

Sec. 1. Short title

This Act may be cited as the Dies and Molds Ownership Transfer Act of 1997.

(Source: P.A. 90-371, eff. 8-14-97.)

Sec. 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.

(Source: P.A. 90-371, eff. 8-14-97.)

Sec. 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.

(Source: P.A. 90-371, eff. 8-14-97.)

Sec. 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.

(Source: P.A. 90-371, eff. 8-14-97.)

Sec. 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.

(Source: P.A. 90-371, eff. 8-14-97.)

Sec. 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.

(Source: P.A. 90-371, eff. 8-14-97.)

Sec. 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.

(Source: P.A. 90-371, eff. 8-14-97.)

Sec. 99. Effective date

This Act takes effect upon becoming law.

(Source: P.A. 90-371, eff. 8-14-97.)