Advanced technological processes have facilitated the commercial exploitation of the manifestations, knowledge and skills that make up intangible cultural heritage (ICH) on an unprecedented scale. The complexity of ICH makes it difficult to create effective tools for legal protection. Although the 2003 UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage provides broad definitions, it lacks specific rules on ownership of ICH and its exploitation and curation in heritage institutions. The article aims to retrace the place of ICH in the museum practice in relation to the recent developments in intellectual property law and the new role of local communities in the processes of ICH safeguarding.