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ARTICLE · 10 DECEMBER 2025

Ensuring Access To Life-Saving Medicines: The Case For Compulsory Licensing In Rare Diseases

Khurana & Khurana, Advocates and IP Attorneys
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Rare diseases pose some of the gravest challenges in healthcare. Though uncommon individually, they collectively affect millions of people worldwide

IndiaIntellectual Property

Introduction

Rare diseases pose some of the gravest challenges in healthcare. Though uncommon individually, they collectively affect millions of people worldwide. Often these diseases require specialized, lifelong treatments that come with exorbitant price tags. In India, patients suffering from conditions such as spinal muscular atrophy (SMA), haemophilia, thalassemia, and others face tremendous hurdles obtaining affordable medicines. This has placed compulsory licensing, a legal provision allowing production of generic versions of patented drugs without the consent of patent holders, firmly in the spotlight as a tool necessary to safeguard public health.

Understanding Compulsory Licensing and Its Legal Framework in India

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