Can I imitate and sell the product (food, electronic item, etc.) of another manufacturer?

A:

While many halachic authorities recognize ownership of intellectual property and prohibit copying the writings or musical creations of others, the practice is to imitate products of other manufacturers (that are not patented).

This distinction exists legally as well. Books have automatic copyright protection for seventy years after the author’s death, whereas manufacturers must prove that a product is truly a new creation and register for a patent, which lasts only twenty years.

What is the difference?

It is prohibited to reproduce a creation by simply copying its result (book, disc, or program), but to imitate and recreate it through one’s own efforts is allowed.

There is public interest that new products become public domain to encourage competition and improvements, whereas public interest is not to copy books, but to encourage new works.

Most new products are adaptations of existing ideas, so they cannot be considered the manufacturer’s “intellectual creation” in order to grant him ownership of that variation.

However, to mimic the packaging of the original product and profit from its reputation is prohibited (Emek Hamishpat, Zechuyos Yotzrim, Intro. 9:1-10; ch. 14:133).