Title 44, Chapter 12, Section 311
( 44-12-311)
(a) In the absence of any agreement to the contrary, the customer
shall have all rights and title to any die, mold, form, or pattern
in the possession of the molder. (b) If a customer does not claim possession from a molder of a die,
mold, form, or pattern within three years following the last prior
use, all rights and title to any die, mold, form, or pattern shall
be transferred by operation of law to the molder for the purpose of
destroying or otherwise disposing of such die, mold, form, or
pattern, consistent with this Code section. (c) If a molder chooses to have all rights and title to any die,
mold, form, or pattern transferred to the molder by operation of
law, the molder shall send written notice by registered mail or
statutory overnight delivery to the chief executive officer of the
customer or, if the customer is not a business entity, to the
customer at the customer's last known address, indicating that the
molder intends to terminate the customer's rights and title by
having all such rights and title transferred to the molder by
operation of law pursuant to this Code section. Such notice shall
include a statement of the customer's rights as set forth in
subsection (d) of this Code section. (d)(1) If a customer does not respond in person or by mail to
claim possession of the particular die, mold, form, or pattern
within 120 days following the date the notice was sent, or does
not make other contractual arrangements with the molder for
storage of the die, mold, form, or pattern, all rights and title
of the customer, except patents and copyrights, shall transfer by
operation of law to the molder. Thereafter, the molder may
destroy or otherwise dispose of the particular die, mold, form, or
pattern as the molder's own property without any risk of liability
to the customer. (2) This Code section shall not in any manner affect any right of
the customer under federal patent or copyright law or federal law
pertaining to unfair competition. |