Abstract: The imbalance of intellectual property law due to the erosion of technological rationality is becoming more prominent in the digital era marked by artificial intelligence, cloud computing and big data, gradually developing from partly imbalance to systematic and structural imbalance. It is urgent to regulate the conflicts between intellectual property rights and privacy, digital human rights, right to life and health, right to information, etc. The constructivist view of technology starts with the active factor of "human" in the emergence and operation of technology, and provides a solution for the aforesaid conflict. The construction of intellectual property law in the new technology era should take humanism as the starting point and the foothold, cultivate humanistic intellectual property protection perception from the following perspectives: establish a balanced view of protection, foster innovation and development community and build a risk community. Moreover, a humanistic intellectual property legal system should stick to the subject status of human being, strengthen human responsibility and complete fundamental rights. The proposal of humanistic intellectual property protection concept will also usher in the world moment for Chinese law.