It is understood to all that the development of cultural and creative products of intangible cultural heritage is an important way to inherit and develop Chinese excellent traditional culture，as well as an important rule for the integrated development of cultural and tourism industry. At present，there still remain some legal disputes such as copyright，trademark right and patent right disputes in the development process of cultural and creative products of intangible cultural heritage in China. It is urgent for us to make an in-depth analysis from the perspective of jurisprudence. In addition to the Intangible Cultural Heritage Law of the People’s Republic of China，twenty-seven local laws and regulations have been promulgated in Chinas provincial-level people’s congresses and people’s governments. In addition to the Notice on Strengthening the Safeguarding of China’s Intangible Cultural Heritage and the Notice on Strengthening the Safeguarding of China’s Cultural Heritage issued by the State Council，various ministries and commissions have issued more than a dozen policy documents concerning intangible cultural heritage creation，indicating that intangible cultural heritage creation has aroused great attention from people’s congresses and governments at all levels. However，under the framework of the existing legislation on intangible cultural heritage and intellectual property，there is still room for policy adjustment，and the relevant legislation on intangible cultural heritage creation needs to be improved urgently. Based on their own advvantages，the sucessors of intangible cultural heritage and cultural innovation enterprises need to formulate strategic objectives，leadership mechanism and incentive mechanism for the protection and operation of intellectual property rights according to laws，regulations and policies.