Gender, Traditional Cultural Expressions, and Intellectual Property: Exploring Women’s Empowerment and Cultural Production in Zambia

The marketing of traditional cultural expressions (TCEs), which are manifestations of traditional culture such as handicrafts and sculptures, present an important source of income for Indigenous communities. Generally, women tend to be more involved in the production of TCEs because of cultural gender norms. In this context, the law can play a role in protecting and preserving cultural heritage, while empowering women involved in the production of TCEs. In 2016, Zambia enacted the Traditional Knowledge, Genetic Resources and Expressions of Folklore Act. The Act provides sui generis protection for TCEs and possible intellectual property rights, such as copyright and trademark. This chapter, based on a qualitative study, analyses the provisions of the Act to explore the options for the protection of the Tonga baskets made by rural women of the Indigenous Tonga community. It also examines the intersection of gender, TCEs and intellectual property (IP), noting that legal protection could potentially enhance the recognition of the Tonga baskets, preserve and promote the cultural heritage and empower women. © The Author(s), under exclusive license to Springer Nature Switzerland AG 2024.