[Forwarding from Paola Bongiovani, with permission.  --Peter Suber.]

Dear Peter Suber:

We want to let you know about OA progress in Argentina.

The Ministry of Science, Technology and Productive Innovation of Argentina
have a strong interest in developing efficient scientific information
systems that maximize the impact of public investments in research.

For that purpose we are promoting the establishment of a legislation that
will mandate research funders and institutions the creation of open access
repositories to deposit the scientific and technological outputs produced by
institutions and researchers part of the National System of Science,
Technology and Innovation (SNCTI) and publicly funded.

The bill was introduced in the Argentinean Congress by members of
Argentina's House of Representatives and is being discussed
http://www1.hcdn.gov.ar/proyxml/expediente.asp?fundamentos=si&numexp=1927-D-2011

Please let us know if you have any comments or suggestions regarding
proposed legislation (we attach a summary).

With kind regards,

Paola C. Bongiovani
National System of Digital Repositories
Subsecretaría de Coordinación Institucional
Secretaría de Articulación Científico Tecnológica
Ministerio de Ciencia, Tecnología e Innovación Productiva
Av. Cordoba 831, 7mo piso
(1054) Ciudad A. de Buenos Aires
Tel.: (54 11) 4891-8300 int. 6746
Fax: (54 11) 4891-8907

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Summary

National System of Science, Technology and Innovation (SNCTI). Creation of
Institutional Digital Open Access Repositories

The proposed bill requires that public bodies and institutions of the
National System of Science, Technology and Innovation (SNCTI) that receive
funding from the Federal Government, to develop open access institutional
digital repositories to deposit the scientific and technological production
resulting from conducting research which passed through a quality assessment
process, regardless if it has been published or not.

It also requires these public institutions of science and technology sector
funded by the National Government to establish policies for public access to
primary research data through open access institutional digital repositories
or National Systems for Large Instruments and Databases Data Portals, as
well as institutional policies for management and long-term preservation.

It establishes that any grant or funding from government agencies and
National Science and Technology research projects that result in the
generation of primary data, documents and / or publications, must contain
within its a contract terms the presentation of a management plan according
to the specificities of the subject area, in the case of data and, in all
cases, a plan to ensure public availability of results.

Proposed legislation defines the need for institutional digital repositories
to be compatible with internationally adopted standards for interoperability
and ensure free access to their documents and data over the Internet or
other information technologies appropriate for the purpose, providing the
necessary conditions for protection of the rights of the institution and the
authors.

Regarding researchers, technologists, professors, postdoctoral fellows and
master’s and doctoral students whose research activity is financed with
public funds, it establishes the obligation to deposit or expressly
authorize the submission of a copy, of the final version of scientific
and/or technological production published or accepted for publication and /
or has gone through a quality assessment process by a competent authority or
jurisdiction over the matter, in open access institutional digital
repositories, within a period not exceeding six months from the date of
their official publication or approval.

In turn, it requires that primary research data are deposited in
institutional repositories or digital archives, owned or or shared, and to
be publicly available no later than five years from the time of collection,
according to the policies established by the institutions as explained
above, being able to exclude the diffusion of those primary data in cases
where they should remain confidential for strategic or national security
reasons.

The bill provides for exemptions from the above obligations: If the
scientific and technological production and primary data were protected by
industrial property rights and / or previous third parties’ agreements,
authors should provide and allow public access to the metadata of such
intellectual works and / or primary data, providing complete information on
them and to provide access to the full content from the time of its release.

It defines that the Ministry of Science, Technology and Innovation is the
executive authority of this Act and establishes that violations of the
provisions of this proposed law by the actors (institutions or individuals)
turn them not eligible for public financial support for future research.

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