SECTIONS 1135-1140 - California Statutes

CIVIL CODE

SECTION 1135-1140

1135. An interest in a ship can be transferred only by operation of
law, or by written instrument, subscribed by the person making the
transfer, or by his agent.

1140. (a) For purposes of this section:
(1) The term "customer" means any individual or entity who causes
or caused a molder to fabricate, cast, or otherwise make a die, mold,
or form.
(2) The term "molder" means any individual or entity, including,
but not limited to, a tool or die maker, who fabricates, casts, or
otherwise makes a die, mold, or form.
(3) For purposes of this section, the term "within three years
following the last prior use" shall be construed to include any
period following the last prior use of a die, mold, or form
regardless of whether or not that period precedes the effective date
of this section.
(b) In the absence of any agreement to the contrary, the customer
shall have all rights and title to any die, mold, or form in the
possession of the molder.
(c) If a customer does not claim possession from a molder of a
die, mold, or form within three years following the last prior use
thereof, all rights and title to any die, mold, or form may be
transferred by operation of law to the molder for the purpose of
destroying or otherwise disposing of such die, mold, or form,
consistent with this section.
(d) If a molder chooses to have all rights and title to any die,
mold, or form transferred to the molder by operation of law, the
molder shall send written notice by registered mail to the chief
executive officer of the customer or, if the customer is not a
business entity, to the customer himself or herself 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
section.
(e) If a customer does not respond in person or by mail to claim
possession of the particular die, mold, or form within 120 days
following the date the notice was sent, or does not make other
contractual arrangements with the molder for storage thereof, all
rights and title of the customer shall transfer by operation of law
to the molder. Thereafter, the molder may destroy or otherwise
dispose of the particular mold, tool, or die as the molder's own
property without any risk of liability to the customer, except that
this section shall not be construed in any manner to affect any right
of the customer, under federal patent or copyright law or any state
or federal law pertaining to unfair competition.