> Copyright and intellectual property are entirely state constructs.

Copyright and patent laws are enacted by Congress, and are explicitly an optional legislative power given to Congress by the US Constitution (Article I, Section 8, Clause 8). The two main types of "intellectual property" are explicitly something that Congress has power to legislate.

Congress has also legislated additional forms of "intellectual property": copyright is codified in 17 U.S.C. (Copyright Act), patents in 35 U.S.C., trademarks in 15 U.S.C. 1051-1141 (Lanham Act), and trade secrets in 18 U.S.C. 1839. So all of the substantive forms of "intellectual property" are federal law, and thus aren't state constructs.

EDIT: Ah, if you meant "state" as in "government" then yes you're correct.

I think he meant "things that doesn't exist outside a regulated state", not things managed at the state level.