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Institutional Open Access Digital Repositories.

Original Language Title: Repositorios digitales institucionales de acceso abierto.

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NATIONAL SYSTEM OF SCIENCE, TECHNOLOGY AND INNOVATION

Law 26,899

Open access institutional digital repositories. Sanctioned: November 13, 2013 Enacted: December 3, 2013

The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc., are sanctioned by law:

Article 1-The agencies and public institutions that make up the National System of Science, Technology and Innovation (SNCTI), as provided for in Law 25.467, and which receive funding from the national state, must develop repositories institutional digital open access, own or shared, in which scientific-technological production resulting from work, training and/or projects, financed in whole or in part with public funds, by its researchers, will be deposited; technologists, teachers, post-doctoral fellows and masters and doctoral students. This scientific-technological production will cover the set of documents (journal articles, technical work-scientists, academic theses, among others), which are the result of carrying out research activities.

Article 2-The public bodies and institutions referred to in Article 1 shall establish policies for public access to primary research data through open access institutional digital repositories or national systems of large instruments and databases, as well as institutional policies for their long-term management and preservation.

ARTICLE 3-All subsidies or financing from government agencies and national science and technology agencies of the SNCTI, aimed at scientific-technological research projects that have among their expected results the the generation of primary data, documents and/or publications, must contain within its contractual clauses the presentation of a management plan according to the specificities of the disciplinary area, in the case of primary data and, in all the cases, a plan to guarantee the public availability of the expected results in accordance with the time limits laid down in Article 5 of this Law. For the purposes of this law, "primary data" shall mean any raw data on which any research is based and which may or may not be published when a scientific advance is communicated but which are the basis of a new knowledge.

ARTICLE 4-The institutional digital repositories must be compatible with the interoperability standards adopted internationally, and guarantee free access to their documents and data via Internet or other technologies information that is appropriate for the purposes, facilitating

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the conditions necessary for the protection of the rights of the institution and the author on scientific-technological production.

ARTICLE 5-Researchers, technologists, teachers, post-doctoral fellows and masters and doctoral students whose research activity is financed by public funds, must deposit or expressly authorize the deposit of a copy of the final version of its scientific-technological production published or accepted for publication and/or which has undergone a process of approval by a competent authority or with jurisdiction in the field, in the digital access repositories open from its institutions, no longer than six (6) months from the date of its official publication or its approval. Primary research data shall be deposited in own or shared digital institutional repositories or archives and publicly available within a period not exceeding five (5) years of the time of its collection, according to the policies established by the institutions, according to Article 2.

ARTICLE 6-In case scientific and technological productions and primary data are protected by industrial property rights and/or previous agreements with third parties, the authors must provide and authorize public access to the metadata of such intellectual works and/or primary data, committing to provide access to the complete primary documents and data from the expiration of the term of protection of the industrial property rights or the extinction of the previous agreements referred to above. The dissemination of primary data or preliminary and/or final results of an unpublished or patented investigation which should be kept confidential may also be excluded, with due justification required. (a) the institutional framework for the reasons for its dissemination It shall be the responsibility of the institution responsible in agreement with the investigator or research team to establish the relevance of the time when such information is to be made known. For the purposes of this law, "metadata" shall mean any descriptive information about the context, quality, condition or characteristics of a resource, data or object, which is intended to facilitate its search, recovery, authentication, assessment, preservation and/or interoperability.

Article 7-The Ministry of Science, Technology and Productive Innovation shall be the implementing authority of this law and shall have the following functions: a) Promote, consolidate, articulate and disseminate the institutional and thematic digital repositories of science and technology of the Republic of Argentina; b) Establish the interoperability standards to be adopted by the different repositories Digital institutional science and technology, in the framework of the National System of Digital Repositories in Science and Technology that works in the field of the electronic library, created by resolution 253/2002 of the Secretariat of Science, Technology and Productive Innovation; (c) Promote and provide technical assistance integral 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 correct application of this law.

Article 8-Failure to comply with the provisions of this law by the institutions and bodies referred to in Articles 1 and 2, and by the persons listed in Article 5, shall make them ineligible for assistance public financial support for their investigations.

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ARTICLE 9-Commune to the national executive branch.

GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, ON THE THIRTEENTH DAY OF NOVEMBER OF THE YEAR TWO THOUSAND THIRTEEN.

-REGISTERED UNDER NO 26,899-

JULIAN A. DOMINGUEZ. -BEATRIZ ROJKES OF ALPEROVICH. -Gervasio Bozzano. -Juan H. Estrada.

Date of publication: 09/12/2013

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