(765 ILCS 1053/1)
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.)
(765 ILCS 1053/5)
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.)
(765 ILCS 1053/10)
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.)
(765 ILCS 1053/15)
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.)
(765 ILCS 1053/20)
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.)
(765 ILCS 1053/25)
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.)
(765 ILCS 1053/30)
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.)
(765 ILCS 1053/99)
Sec. 99.
Effective date.
This Act takes effect upon becoming law.
(Source: P.A. 90-371, eff. 8-14-97.)