CHAPTER 6. TRANSFER OF PROPERTY INTERESTS IN MOLDS

IC 32-34-6
    Chapter 6. Transfer of Property Interests in Molds

IC 32-34-6-1
Inapplicability of chapter; rights, title, or interest not granted
    Sec. 1. (a) This chapter does not apply where a fabricator retainstitle to and possession of a die, mold, form, jig, or pattern.
    (b) This chapter does not grant a customer any rights, title, orinterest to a die, mold, form, jig, or pattern.
As added by P.L.2-2002, SEC.19.

IC 32-34-6-2
"Customer" defined
    Sec. 2. As used in this chapter, "customer" means an individual orentity who contracts with or causes a fabricator:
        (1) to fabricate, cast, or otherwise make a die, mold, form, jig,or pattern; or
        (2) to use a die, mold, form, jig, or pattern to manufacture,assemble, or otherwise make a product.
As added by P.L.2-2002, SEC.19.

IC 32-34-6-3
"Fabricator" defined
    Sec. 3. As used in this chapter, "fabricator" means an individualor entity, including a tool or die maker, who:
        (1) manufactures, causes to be manufactured, assembles, orimproves a die, mold, form, jig, or pattern for a customer; or
        (2) uses a die, mold, form, jig, or pattern to manufacture,assemble, or otherwise make a product for a customer.
As added by P.L.2-2002, SEC.19.

IC 32-34-6-4
"Within three (3) years after the last prior use" defined
    Sec. 4. As used in this chapter, "within three (3) years after thelast prior use" includes any period after the last prior use of a die,mold, form, jig, or pattern, regardless of whether the period wasbefore July 1, 1994.
As added by P.L.2-2002, SEC.19.

IC 32-34-6-5
Transfer of rights of customer to fabricator after three years
    Sec. 5. If a customer does not take possession of the customer'sdie, mold, form, jig, or pattern from a fabricator within three (3)years after the last prior use of the die, mold, form, jig, or pattern, thecustomer's rights, title, and interest in the customer's die, mold, form,jig, or pattern are transferred to the fabricator pursuant to theprocedures of this chapter for purposes of destruction of the die,mold, form, jig, or pattern.
As added by P.L.2-2002, SEC.19.
IC 32-34-6-6
Choice of fabricator to transfer rights, title, and interest tofabricator for destruction; procedure for transfer
    Sec. 6. (a) After the three (3) year period specified in section 4 ofthis chapter has expired, a fabricator may choose to have all rights,title, and interest in the die, mold, form, jig, or pattern transferred tothe fabricator for purposes of destruction. A fabricator seeking atransfer under this subsection must send written notice by registeredmail, return receipt requested, to:
        (1) the customer's address as set out in any written agreementbetween the fabricator and the customer; and
        (2) the customer's last known address;
indicating that the fabricator intends to terminate the customer'srights, title, and interest by having the rights, title, and interesttransferred to the fabricator under this chapter.
    (b) If a customer:
        (1) does not take possession of the particular die, mold, form,jig, or pattern within ninety (90) days after the date on whichthe notice was sent under subsection (a); or
        (2) does not make other contractual arrangements with thefabricator for taking possession or for storage of the die, mold,form, jig, or pattern;
all rights, title, and interest of the customer to the mold transfer byoperation of this chapter to the fabricator for the purpose ofdestruction. The fabricator may then destroy the die, mold, or form.
As added by P.L.2-2002, SEC.19.

IC 32-34-6-7
Inapplicability; agreements; patent or copyright law or unfaircompetition law
    Sec. 7. Nothing in this chapter affects:
        (1) a written agreement between the fabricator and customerconcerning possession of the die, mold, form, jig, or pattern; or
        (2) any right of the customer under federal patent or copyrightlaw or any state or federal law pertaining to unfair competition.
As added by P.L.2-2002, SEC.19.