Association of Accredited Advertising Agencies President Khairudin Rahim said the 4As is dissatisfied by the Request For Proposals issued by General Insurance Association of Malaysia (PIAM) and the Malaysian Takaful Association where there were clauses in the document that demanded ownership and retention of intellectual property delivered by the advertising agencies.
This comes from a recent request by the insurance associations who asked Advertising Agencies to submit their proposals for a consumer education campaign on the “Phased Liberalisation of Motor and Fire Tariffs”. Within the RFP documentation there was clause; Clause 2.14- stating that “All supporting materials and other documentation submitted with the response will become the property of the Associations unless otherwise requested by the proposers at the time of submission.”
The pitch document added “Unless otherwise requested in writing and objected to by the Agency before the proposals are submitted” 4As said both these association are unethically demanding for ownership and retention of intellectual property regardless of whether the Agency is selected or not.
4As which represents the majority of advertising agencies in Malaysia said all ideas, concepts, strategies, trademarks, and materials that an Advertising Agency presents or provides to an Advertiser in an RFP are provided for the sole purpose of allowing the Advertiser to determine whether to engage the Agency’s ongoing services. Adding that no 4As Agencies had responded to the invitation.
On 9 August, 29 August, and again on 26 October, the 4As said it appealed via correspondence that PIAM and MTA remove Clause 2.14 from their future RFP/pitch documents directed at Advertising Agencies. However, there has been no response from PIAM and MTA.
4As President Khairudin Rahim has advised agencies to not participate in tenders and pitches which contain similar unethical clauses it recommends that Agencies retain ownership of all ideas, plans, and work product unless the Advertiser is prepared to pay the Agency fairly for the rights.
