TRIPS协议第31条规定了专利权的强制许可,列举了12项强制许可的限制性条件。然而随着公共健康危机在全球蔓延,这种高标准保护与健康权、生命权等基本人权产生了冲突,为缓解这一矛盾WTO通过了一系列相关文件对TRIPS协议第31条作了修改。我国新《专利法》也对此作了相应调整,体现了对上述文件的遵守与尊重。 Article 31 of the TRIPS Agreement sets out the compulsory licensing of patent rights, listing 12 restrictive conditions for compulsory licensing. However, with the spread of the public health crisis in the world, such high standards of protection have conflicts with basic human rights such as the right to health and the right to life. In order to alleviate this contradiction, WTO has adopted a series of related documents to amend Article 31 of the TRIPS Agreement. The new “Patent Law” in our country has also made corresponding adjustments to this, which reflects the respect and respect of these documents.