Again, I'm not a lawyer, but I believe a big portion of the issue with IP restrictions comes down to a monetization standpoint.
McDonalds owns the rights to the BigMac. You can not open a burger joint and sell a BigMac. McDonalds would be within their rights to sue you and try to shut down your business.
But if inside of your own home kitchen, you make a burger with two all beef patties, special sauce, lettuce, cheese, pickles, and onions on a sesame seed bun, and it's identical, and you even decide to put it into a cardboard box and call it a Big Mac before you eat it... Is that a crime?