Digital economy era of the status of intellectual property has changed, along with the technology of popularization, the traditional intellectual property protection law under the condition of intellectual property protection and information sharing balance changes, as well as the implementation of intellectual property rights protection law in the judicial practice and obtain the balance of rights and interests of citizens’ expression and information brings the new challenges. To create a new balance point between intellectual property protection and information sharing from the Angle of legislation is an important purpose of the adjustment of intellectual property protection law. On the one hand, it is necessary to recognize the basic situation of this imbalance and objectively look at the opportunities and challenges brought by the era of digital economy. On the other hand, from the perspective of judicial practice, the adjustment path of legal protection of intellectual property rights should be improved to ensure that market behavior can be regulated through accurate and effective legal path.