NATIONAL SYSTEM OF SCIENCE, TECHNOLOGY AND INNOVATION
Law 26,899
Institutional digital repositories of open access.
Sanctioned: November 13 of 2013
Promulgated: December 3, 2013 The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force
Law:
ARTICLE 1 — Public agencies and institutions that comprise the National System of Science, Technology and Innovation (SNCTI), as provided for by law 25.467, and which receive funding from the national State, shall develop institutional digital repositories of open, own or shared access, in which the scientific-technological production resulting from work, training and/or projects, funded in whole or in part with public funds, from their researchers, technologists, teachers, postgraduate students This scientific-technological production will cover the set of documents (articles of journals, technical-scientific works, academic thesis, among others), which are the result of the conduct of research activities.
ARTICLE 2 — Public agencies and institutions covered by Article 1 shall establish policies for public access to primary research data through institutional open-access digital repositories or portals of national systems of major instruments and databases, as well as institutional policies for long-term management and preservation.
ARTICLE 3o — Any subsidy or funding from government agencies and national science and technology agencies of SNCTI, for scientific-technological research projects that have among their expected results the generation of primary data, documents and/or publications, shall contain within their contractual clauses the presentation of a management plan according to the specificities of the discipline area, in the case of primary data and, in all cases, a plan to ensure the availability of the public data.
For the purposes of this law it will be understood as a “primary data” to any raw data on which any research is based and which may or may not be published when a scientific advance is communicated but which are those that underpin a new knowledge.
ARTICLE 4o — Institutional digital repositories should be compatible with internationally adopted interoperability standards, and guarantee free access to their documents and data through the Internet or other information technologies that are appropriate for the purpose, facilitating the conditions necessary for the protection of the rights of the institution and the author on scientific-technological production.
ARTICLE 5o — Researchers, technologists, teachers, postdoctoral fellows, and master's and PhD students whose research activity is funded by public funds, shall expressly deposit or authorize the deposit of a copy of the final version of their scientific-technological production published or accepted for publication and/or that has undergone a process of approval by a competent authority or with jurisdiction in the matter, in the digital repositories of open access of six months,
Primary research data should be deposited in own or shared digital repositories or institutional archives and publicly available within not more than five (5) years of the time of collection, in accordance with the policies established by the institutions, according to Article 2.
ARTICLE 6o — In the event that scientific-technological productions and primary data were protected by industrial property rights and/or prior agreements with third parties, the authors should provide and authorize public access to the metadata of such intellectual works and/or primary data, committing themselves to providing access to full primary documents and data from the expiration of the period of protection of industrial property rights or the termination of previous agreements referred to above.
The dissemination of primary data or preliminary and/or definitive results of an unpublished or patented investigation that should be kept confidential may also be excluded, with due institutional justification for the reasons for its dissemination being required. It shall be the authority of the responsible institution in accordance with the researcher or research team, to establish the relevance of the time when such information shall be made known.
For the purposes of this Act, all such descriptive information on the context, quality, condition or characteristics of a resource, data or object, which is intended to facilitate its search, recovery, authentication, evaluation, preservation and/or interoperability, shall be referred to as “metadata”.
ARTICLE 7o — The Ministry of Science, Technology and Productive Innovation shall be the authority for the implementation of this Act and shall have the following functions:
(a) Promote, consolidate, articulate and disseminate the institutional and thematic digital repositories of science and technology of the Argentine Republic;
(b) Establish the interoperability standards to be adopted by the various digital institutional repositories of science and technology, within the framework of the National System of Digital Repositories in Science and Technology that operates in the field of the electronic library, created by resolution 253/2002 of the Secretariat of Science, Technology and Productive Innovation;
(c) Promoting and providing comprehensive technical assistance to the institutions of the National System of Science, Technology and Innovation for the generation and management of their digital repositories;
(d) Implement the necessary measures for the proper application of this law.
ARTICLE 8o — Failure to comply with the provisions of this Act by the institutions and agencies referred to in articles 1 and 2 and by the persons listed in article 5 shall render them not eligible for public financial assistance to support their investigations.
ARTICLE 9o — Contact the national executive branch.
IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE TRECE DAYS OF THE MONTH YEAR DOS MIL TRECE.
# 26,899 #
JULIAN A. DOMINGUEZ. - BEATRIZ ROJKES DE ALPEROVICH. - Gervasio Bozzano. — Juan H. Estrada.
