Payment made under IPR agreement was royalty as confidentiality clause would apply even after tenure

IT/ILT : Where the agreement refers to the tenure of five years unless it is terminated earlier, but the confidentiality obligation subsists and would be applicable even subsequently, lumpsum payment thereunder is "royalty" since what was conferred and granted was mere right to use or permission to use the intellectual rights and knowhow. The agreement postulated grant of permission to use or right to use intellectual property rights or knowhow and it is not a case of outright sale. It does not