TRADE AND COMMERCE
RIGHTS TO DIES, MOLDS, FORMS AND PATTERNS
I. Before a molder may sell the die, mold, form, or pattern the molder shall notify the customer by registered mail, return receipt requested. The notice shall include the following information:
(a) The molder's intention to sell the die, mold, form, or pattern 30 days after the customer's receipt of the notice.
(b) A description of the die, mold, form, or pattern to be sold.
(c) The time and place of the sale.
(d) An itemized statement for the amount due.
II. If there is not a return of the receipt of the mailing or if the postal service returns the notice as being nondeliverable, the molder shall publish notice of the molder's intention to sell the die, mold, form, or pattern in a newspaper of general circulation in the customer's last known place of business. The notice shall include a description of the die, mold, form, or pattern and name of the customer.
III. (a) If the sale is for a sum greater than the amount of the lien, the excess shall be paid to any prior lienholder known to the molder at the time of the sale and any remainder to the customer, if the customer's address is known, or the state treasurer for deposit in the general fund if the customer's address is unknown to the molder at the time of the sale.
(b) A sale shall not be made under this subdivision if it would be in violation of any right of a customer under federal patent or copyright law.
Source. 1994, 256:1, eff. Jan. 1, 1995.