Many tried to join the less restrictive '78 UPOV but the dateline had long since lapsed on 24.4.1998. Kenya managed to make it to the 78 UPOV, and deposited its instrument on 13th April 1999. In the course of a few days, there was a flurry of activity to join the '78 instrument. China, Kenya, Panama and Brazil joined. Standing in the wings to join are Zimbabwe, India and Nicaragua.
Countries are therefore clearly free to choose any sui generis system provided it is effective.
Present system perpetuates inequity Commercial breeders access for free the germplasms developed by Third World farmers, and develop varieties from them and then claim exclusive breeders' rights. The innovative activity of farmers is further hampered by giving breeders rights over 'essentially derived' varieties. This perpetuated the inequity between the source provider and the end rights holder even further. There is a need therefore to restore the imbalance. The creativity of traditional breeders must be insulated from being usurped, marginalised and eventually extinguished by a system of breeders' rights which accords no respect, let alone recognition, of the knowledge systems and innovations of farmers and indigenous peoples in relation to crops and plants.