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 system national science, technology and Innovation Law 26.899 repositories open access institutional digital. Sanctioned: 13 November 2013 promulgated: 3 December 2013 the Senate and Chamber of deputies of the Argentina nation gathered in Congress, etc. sanction with force of law: article 1 °-them organisms e institutions public that compose the system national of science, technology e innovation (SNCTI), as it provides the law 25.467, and that receive financing of the State national, must develop repositories digital institutional of access open, own or shared, in which is deposited the production technological resulting of the work, training and/or projects financed wholly or partly with public funds, its researchers, technologists, teachers, postdoctoral fellows and master's and doctoral students. This scientific and technological production will cover the whole of documents (articles of journals, technical - scientific works, academic thesis, among others), which are the result of research activities.
Article 2º - agencies and public institutions included in the article 1, should establish policies for public access to primary research data through digital institutional open access or portals of national systems of large instruments and databases, as well as also political institutional repositories for their management and long-term preservation.
Article 3º - all grant or funding from government agencies and national organizations of science and technology of the SNCTI, earmarked for scientific and technological research projects that are between their expected results the generation of primary data, documents or publications, must contain within its contractual clauses the presentation of management according to the specificities of the area discipline plan in the case of primary data and, in all cases, a plan to ensure the public availability of the expected results according to the time-limits laid down in article 5 of this law. For the purposes of the present law shall include as "primary data" to all data in gross upon which is based any inquiry and may or not be published when communicating a scientific breakthrough but are that underlie a new knowledge.
Article 4º - institutional digital repositories shall be compatible with the interoperability standards adopted internationally, and ensure free access to their documents and data via the Internet or other information technologies that are appropriate to the effects, facilitating the necessary conditions for the protection of the rights of the institution and of the author on the scientific and technological production.
Article 5º - researchers, technologists, professors, postdoctoral fellows and masters and PhD candidates whose research activity is financed with public funds, shall deposit or expressly authorize the deposit of a copy of the final version of its scientific and technical production published or accepted for publication and/or which has passed through a process of approval by a competent authority or jurisdiction in the matter , in them repositories digital of access open of its institutions, in a term not greater to them six (6) months from the date of its publication official or of your approval. Primary research data should be deposited in repositories or institutional digital archives own or shared and be publicly available in one period not exceeding five (5) years from the moment of collection, according to the policies established by the institutions, according to the article 2.
Article 6º - in the event that the scientific and technological production and raw data were protected by industrial property rights or agreements with third parties, the authors must provide and authorize public access to the metadata of these intellectual works and/or primary data, committing to provide access to documents and complete primary data from the expiration of the term of protection of the rights of industrial property or the extinction of previous agreements referred. Also the dissemination of those data may exclude primary or preliminary and/or final results of an investigation not published or patented which must maintain confidentiality, requiring for this purpose due institutional justification of the reasons that prevent its spread. It will be under the authority of the responsible institution in agreement with the researcher or research team, to establish the relevance of the time that such information must be known. For the purposes of this Act, be understood as "metadata" to descriptive information about the context, quality, condition or characteristics of a resource, data or object, it is intended to facilitate your search, retrieval, authentication, appraisal, preservation and/or interoperability.
(Article 7 °-the Ministry of science, technology and innovation productive will be it authority of application of the present law and will have to its charge them following functions: to) promote, consolidate, articulate and spread them repositories digital institutional and thematic of science and technology of the Republic Argentina; (b) establish interoperability standards to be adopted by the different institutional digital repositories of science and technology, within the framework of the national system of digital repositories in science and technology that works in the field of electronics, created library through resolution 253/2002 of the Ministry of science, technology and productive innovation; (c) promote and provide assistance technical integral to the institutions of the system national of science, technology and innovation for the generation and management of their repositories digital; (d) implement the measures necessary for the correct application of the present law.
Article 8º - failure to comply with the provisions of this law by the institutions and bodies referred to in items 1 ° and 2 °, and by persons listed in article 5 °, become them ineligible for public financial assistance for support of their research. article 9 °-communicate is to the power Executive national.

Date of publication: 09/12/2013