对教案归属权问题的思考

Thoughts on the Right of Attribution of Teaching Plans

我国加入WTO后,全面实施《知识产权协定》,公民的知识产权意识不断增强。而教师编写的教案是否具有知识产权问题也日益受到各方面人士的关注。文章从我国首例教案所有权民事纠纷入手,分析教案的性质、著作权问题、教案本的所有权归属问题。立法部门和教育部门要明确:教案具有著作权、著作权归属教师、教案本的所有权归教师享有。

Since we joined WTO,we have fully put the pact of Intellectual Asset in the Form of Copyright and/or Patent into practice.The consciousness of the citizens＇ intellectual asset in the form of copyright and/or patent has increasingly been strengthened.Furthermore,the question whether teaching plans written by teachers have intellectual asset in the form of copyright and/or patent has also been paid attention to by the people from all kinds of fields.This paper analyzes the property,the copyright and the ownership attribution of teaching plans beginning with the first civil dispute case of teaching plan ownership in our country.The legislature and the ministry of education should make it clear that teaching plans have copyright,the copyright belongs to teachers and teachers have the ownership of teaching plans.