Doing Business In (Insert Country Name Here) - Department of ...

Sales Service/Customer SupportReturn to topService and price are extremely important to Mexican buyers. In many industries, thedecision to select a supplier depends on the demonstrated commitment to service afterthe sale has been made. This has been the most effective tool that third countrymanufacturers, mostly Japanese, have used to penetrate the market. They offer to havetheir maintenance personnel at the clients' plant in no more than 48 hours after a servicecall is made.Mexican customers are demanding uniform quality control, compliance with internationalstandards, productivity, lower production costs, just-in-time deliveries, and above all,reliable local service and maintenance programs. This last factor has become, in manyinstances, even more important than pricing or financing. Many Mexican firms employEnglish-speaking staff, but it is a good idea for the U.S. company to employ Spanishspeakingsales representatives. Providing appropriate training, product support, andtimely supply of spare parts is critical for success. The U.S. exporter should alsoschedule annual visits of Mexican personnel to the U.S. companies for training. AllMexicans traveling to the United States for training or other business purposes need avisa – more information on the visa process is provided in Chapter 8. Another factor toconsider is financing, as the commercial and industrial sectors’ resources are limited dueto high interest rates.Protecting Your Intellectual PropertyReturn to topSeveral general principles are important for effective management of intellectualproperty rights in Mexico. First, it is important to have an overall strategy to protect IPR.Second, IPR is protected differently in Mexico than in the U.S. Third, rights must beregistered and enforced in Mexico, under local laws. Companies may wish to seekadvice from local attorneys or IP consultants. The U.S. Commercial Service can providea list of local lawyers upon request.It is vital that companies understand that intellectual property is primarily a private rightand that the U.S. government generally cannot enforce rights for private individuals inMexico. It is the responsibility of the rights' holders to register, protect, and enforce theirrights where relevant, retaining their own counsel and advisors. While the U.S.Government is willing to assist, there is little it can do if the rights holders have not takenthe fundamental steps necessary to securing and enforcing their IPR in a timely fashion.Moreover, in many countries, rights holders who delay enforcing their rights on amistaken belief that the US Government can provide a political resolution to a legalproblem may find that their rights have been eroded or abrogated due to doctrines suchas statutes of limitations, laches, estoppel, or unreasonable delay in prosecuting a lawsuit. In no instance should US Government advice be seen as a substitute for theobligation of a rights holder to promptly pursue their case.It is always advisable to conduct due diligence on partners. Negotiate from the positionof your partner and give your partner clear incentives to honor the contract. A goodpartner is an important ally in protecting IP rights. Keep an eye on your cost structureand reduce the margins (and the incentive) of would-be bad actors. Projects and salesin Mexico require constant attention. Work with legal counsel familiar with Mexico laws