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Defined by statute

Misappropriation

Under Minnesota's trade secret statute, either acquiring a trade secret while knowing it was obtained by improper means, or disclosing or using one without consent in the circumstances the statute lists.

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Also called: trade secret misappropriation.

“Misappropriation” means:

(i) acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or

(ii) disclosure or use of a trade secret of another without express or implied consent by a person who

(A) used improper means to acquire knowledge of the trade secret; or

(B) at the time of disclosure or use, knew or had reason to know that the discloser’s or user’s knowledge of the trade secret was …

Minn. Stat. § 325C.01, subd. 3. Item (B) runs on through three sub-items and item (C) adds a fourth route; read the subdivision in full. “Improper means” is separately defined at subdivision 2 and “includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means.” Note the structure: acquisition alone can be misappropriation, and so can use — the statute does not require both.

Where this comes up

Sources checked September 8, 2026. Citations independently verified against the primary source September 8, 2026.

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