| Current research on Know-how in China is not in depth. As a result there has not been a perfect legal framework of trade secret yet. No trade secret law exists, which does not happen to patent, trademark and copyright. Some provisions on trade secret could be found in the Unfair Competition Law and the Criminal Law while none deals with compulsory license of Know-how. In addition, scholars have made a little progress in research on trade secret. The few articles available focused on the considerations of trade secret and the relationship between the trade secret right and prohibition of competitive employment. So far the court and the academia have not agreed each other on this topic. The principal purpose of this article is to try to find out whether and how compulsory license of Know-how is feasible by analyzing the nature of Know-how, social interests, the interests balancing system, monopoly, refusal of permission of IPR.Because the topic is completely advanced, there is no definite answer yet. The author comes to her personal conclusions by means of comparison, analysis and induction through comprehensive reading analysis. The conclusions are as the follows: (1) There is some difference between patent and Know-how, but both involve social interests including national security and public health and both may become the means towards monopoly power. (2) To prevent the abuse of Know-how and get the balance between the interests of individual and public, it is necessary to grant the compulsory license on Know-how when the condition is satisfied. (3) The main occasion compulsory license of Know-how happens is when the Know-how concerns national security, public health and the misuse of monopoly to refusal of dealing. (4) To prevent the abuse of compulsory license, other conditions should be required including the urgent condition, the serious disease, discuss once a time, prerequisite procedure for granting reasonable commercial conditions rights, certain permission fee and so on.
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