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Agencies Defend New Business Intellectual Property Rights

The 4A's New Business Committee requested that search consultants consider, as a matter of principle, advocating agency search agreements specifying that the rights to Intellectual Property (IP) created by agencies during the review process remain the property of the agency until the marketer either hires the agency to execute the work or the parties agree to a commercially equitable payment for the assignment of usage rights.
 
 
The agencies referenced in the appendix to the search consultant letter believe in principle that it is imprudent and inequitable to participate in reviews that require the assignment of agency developed new business ideas and work product.
 
How do you respond to marketer mandates to own all agency search ideas and executions?

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