You are absolutely correct legally.
Here is another way to look at it:
1) According to Minsk Square Matter the Sukhoi Engine Facility has been operational since about 2004-5.
2) HAL Koraput is contractually obligated to absorb and mfg the AL-31FP under deep license.
3) They will need to finish the original MKI contract by 2015. That's 10 year of tech absorption and mfg.
4) We need their "supervisors" to supervise the production, you can have all the equipment and documents but Russian documentation is often "very brief" and unless you supervise their "supervisors" your supervisors will never learn whats going on.
5) Then they also have the AL-55I of IJT (IIRC that too is mfg deal).
6) Then depending on how the AL-41 (117S) performs it could be an MLU for the MKI and since we would have been making 900 + AL-31FP, this could be another engine for HAL Koraput.
The AL-31FP engine is probably the most technologically complex engineering task that HAL has ever undertaken. We are not reverse engineering...we are learning how to make an engine to OEM specs for what will become the backbone of the IAF. Also think about all the stake holders here, would HAL want to screw up its mfg line of -31FP and -55I for an engine that it has nothing to with, would IAF want its OEM for its backbone a/c screwed for an in-development a/c? Does GOI want to screw the IAF just to transfer SC tech to GTRE?
What do you suppose will happen if we flaunt that elegant legal fact IPR is not valid till 2010 and send the tech to GTRE today?
There are other pragmatic and benign ways for GTRE to absorb -31FP SC tech but it will not happen at the risk of screwing up the MKI program so it will take time. I am willing to bet its already happening.